Landlord Wins Substantial Interference Case: Dutta v Harper 2024
Toronto landlord awarded $33467 in compensation from tenant for noise violations, property damage, and unpaid utilities
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 550 Front St W, Toronto, ON M5V3N5
Decision in favor of
landlord
Balance Owed to Landlord
$33,467
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jan 2023
Tenancy End Date
Jan 2024
Hearing Date
Jan 2024
Order Date
Feb 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with the reasonable enjoyment of the residential complex, undue damage to the property, and failure to pay utility costs. The Tenant vacated the rental unit prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2024-01-20
- Lawful rent is $3,000 per month
- No payments made since application filed
- Rent arrears of $28,972.60 up to move-out date
- Landlord incurred $186 in filing costs
- Tenant paid $3,000 rent deposit
- Interest on rent deposit is $79.11
- Tenant failed to pay gas costs of $302.88
- Tenant allowed dog to damage property, cost $2,276.95 to clean up
- Tenant made excessive noise, cost Landlord $1,808 in fines
Arguments and Actions
Tenant
Actions
Tenant allowed dog to defecate on rooftop terrace and did not clean it up, despite Landlord's requests. Tenant made excessive noise in violation of condo bylaws on multiple occasions.
Decision Summary
The tenancy is terminated as of January 20, 2024 when the Tenant vacated the unit. The Tenant must pay the Landlord $33,467.32, which includes rent arrears, utility costs, damage costs, and noise fines. If the Tenant does not pay by March 5, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$28,973
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$79
Damages
$2,277
Other Owed Amount
$2,111
Unpaid utilities and noise fines
Total Owing
$33,467 (Owed to Landlord)
Source
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