Landlord Wins Undue Damage Case: Windsor Essex Community Housing Corporation v Preney
Windsor tenant evicted and ordered to pay $5690 for extensive damage to rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
706 University Avenue E, Windsor, ON N9A2Z2
Decision in favor of
landlord
Balance Owed to Landlord
$5,691
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2021
Order Date
Nov 29, 2021
Tenancy End Date
Dec 2021
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to undue damage to the rental unit, including missing cabinets and appliances, damaged doors, extensive paint damage, and damage to the electrical panel. The Landlord served a valid N5 Notice, which the Tenant did not void by repairing the damage or paying the cost.
Determinations
- Tenant was in possession of the rental unit at the time of the hearing
- Landlord served valid N5 Notice alleging undue damage
- Tenant did not void notice by repairing damage or paying cost
- Landlord's agent testified about the observed damage
- Photographs submitted corroborated the damage
- Landlord's cost estimates for repairs were reasonable
Case Study
The Landlord provided clear and uncontested evidence of the extensive damage to the rental unit, which went beyond ordinary wear and tear. The Tenant failed to void the N5 Notice within the required timeframe. The Landlord is entitled to terminate the tenancy and receive compensation for the damage.
Arguments and Actions
Landlord
Actions
Landlord's agent testified about the observed damage and provided cost estimates for repairs.
Tenant
Actions
Tenant removed cabinets, appliances, and tampered with electrical panel without Landlord's consent, causing extensive damage to the rental unit.
Decision Summary
The tenancy is terminated effective December 10, 2021. The Tenant must pay the Landlord $5,500 for the cost of repairing the damage, $4.57 per day for compensation for use of the unit after the termination date, and $186 for the application filing fee. If the Tenant does not pay the full amount by December 10, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$186
Damages
$5,500
Other Owed Amount
$5
Compensation for use of unit after termination date
Total Owing
$5,691 (Owed to Landlord)
Source
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