Landlord Wins Damages Claim Against Tenants in Toronto Condo Flood: Xia Song v Adrian Florea, Haitang Yu 2022
Landlord Awarded $22470 in Damages After Tenant-Caused Condo Flood
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 55 Bremner Boulevard, Toronto, ON M5J0A6
Decision in favor of
landlord
Balance Owed to Landlord
$22,470
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Apr 2021
Hearing Date
Oct 2021
Order Date
Feb 18, 2022
Dispute Summary
Landlord applied for an order requiring Tenants to pay compensation for the damages caused by them or a person they permitted in the residential complex.
Determinations
- Landlord filed an application for water damage caused by Tenants
- Landlord provided a copy of the current tenancy agreement
- Landlord provided evidence of the damage and repair costs
- Rental unit is a condominium apartment owned by the Landlord
- Tenants did not attend the hearing
- Tenants were required to have liability insurance
Case Study
The Landlord provided evidence that the Tenants or someone they permitted in the residential complex wilfully or negligently caused undue damage to the rental unit and residential complex, and the Landlord incurred costs to repair the damage. The Tenants did not attend the hearing to make submissions.
Arguments and Actions
Tenant
Actions
Tenants allowed a kitchen tap to overflow, causing a major flood on March 20, 2021.
Decision Summary
The Landlord's application was granted. The Tenants are ordered to pay the Landlord $22,284.37 for the costs of repairing the damage to the rental unit and other units in the complex, as well as $186.00 for the cost of filing the application. If the Tenants do not pay the full amount by February 28, 2022, they will owe interest at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Application Fee
$186
Damages
$22,284
Total Owing
$22,470 (Owed to Landlord)
Source
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