Landlord Wins Damages and Eviction in Peterborough Tenant Dispute: Tranter v Bartosh-Smith 2022
Landlord Wins Big in Peterborough Rental Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
482 Paterson St, Peterborough, ON K9J4P7
Decision in favor of
landlord
Balance Owed to Landlord
$27,665
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Jun 2022
Application Date
Jun 2022
Hearing Date
Sep 2022
Order Date
Oct 4, 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to substantial interference, damage to the rental unit, and safety concerns. The Tenant was absent from the hearing.
Determinations
- Landlord served valid N5 notice of termination
- Tenant abandoned the unit as of June 12, 2022
- Tenant caused extensive damage to the rental unit
- Tenant did not void the N5 notice within 7 days
- Tenant failed to pay utility bills, substantially interfering with Landlord's rights
- Tenant was in possession of the rental unit on the date the application was filed
Case Study
The Landlord has proven on a balance of probabilities that the Tenant has abandoned the unit. The Tenant did not void the N5 notice of termination and caused extensive damage to the rental unit. The Tenant also failed to pay utility bills, which substantially interfered with the Landlord's lawful rights.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on June 12, 2022 without paying rent arrears.
Decision Summary
The tenancy is terminated as of June 12, 2022. The Tenant shall pay the Landlord $27,665.72, which includes compensation for use of the unit, unpaid utility bills, and costs to repair damage to the rental unit. If the Tenant does not pay the full amount by October 15, 2022, they will owe interest at 4% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,700
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$9
Damages
$23,324
Other Owed Amount
$2,623
Unpaid utility bills
Total Owing
$27,665 (Owed to Landlord)
Source
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