Landlord Wins Eviction Case: Duncan v Caughlin 2024
Sarnia tenant evicted and ordered to pay $9158 for causing fire hazard and property damage
Summarized by RentZenLast updated: October 13, 2024
Case Summary
132 Richard St, Sarnia, ON N7T1S7
Decision in favor of
landlord
Balance Owed to Landlord
$9,158
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2024
Order Date
Feb 8, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant or a person permitted in the residential complex by the Tenant seriously impairing the safety of others and wilfully causing undue damage to the rental unit and residential complex.
Determinations
- Landlord proved grounds for termination and compensation
- Tenant in possession on application date
- Tenant resides in basement of residential complex
- Tenant caused burn marks, removed smoke alarm, burnt mattresses and wiring
- Tenant's actions put other tenants at serious risk of harm by fire
- Landlord incurred $8,209.67 in repair costs
- Tenant owes $1,789.12 in daily compensation until vacate date
Arguments and Actions
Tenant
Actions
Tenant caused burn marks, removed smoke alarm, burnt mattresses and wiring, putting other tenants at serious risk of harm by fire.
Decision Summary
The Landlord proved the grounds for termination of the tenancy and the claim for compensation. The Tenant, or a person permitted in the residential complex by the Tenant, seriously impaired the safety of others and wilfully caused undue damage to the rental unit and residential complex. The Tenant is ordered to pay the Landlord $9,158.15, which includes compensation for use of the unit, repair costs, and the application filing fee. The tenancy is terminated and the Tenant must vacate the unit by February 17, 2024.
Reason for Eviction Relief
To give the Tenant opportunity to receive the order before the eviction date
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Lawful Rent
$1,000
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$27
Damages
$8,210
Total Owing
$9,158 (Owed to Landlord)
Source
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