Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 89, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Cerundolo v Zhang, 2024 ONLTB 66312
File Number: LTB-L-028785-22
Application Date
Nov 2022
Hearing Date
Jul 2024
Order Date
Nov 6, 2024
Landlord's application for compensation for undue damage is dismissed. The Landlord did not provide sufficient evidence to prove the former tenants willfully or negligently caused undue damage beyond normal wear and tear. The former tenants provided comprehensive photo and video evidence showing the unit was left in good condition.
Landlord applied for an order requiring former tenants to pay for reasonable costs to repair or replace undue damage to the property, which was caused willfully or negligently by the former tenants or someone they permitted in the residential complex.
The Landlord testified that the rental unit was odor-free, clean, and well-maintained before the Former Tenants moved in May 2020. She indicated regular inspections were conducted before the pandemic, during which there were "red flags," though no specific issues of disrepair. No inspections occurred during the pandemic; however, the Landlord inspected the property post-pandemic after providing notice.
Former tenants disputed the claims, testifying that the inspection occurred during the pandemic while they were home without assistance from their regular house cleaner, but cleanliness or disrepair had never been an issue at prior inspections. They stated there were no pest issues, asserting that ants were seen only near a vent by the back door, and that they had reported dishwasher issues soon after moving in, which the Landlord did not address. They claimed other issues were typical wear and tear, many of which they addressed before vacating.
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