Landlord Wins Damages Claim Against Former Tenants in Pefferlaw, ON: Foch v Gallagher 2024
Landlord awarded $818 from former tenants for cleaning, debris removal, and application fees in Pefferlaw rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
64 McRae Beach Road, Pefferlaw, ON L0E1R0
Decision in favor of
landlord
Balance Owed to Landlord
$818
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Dec 2021
Application Date
Jul 2022
Hearing Date
Aug 2023
Order Date
Apr 3, 2024
Dispute Summary
The Landlord applied for an order requiring the Former Tenant to pay rent arrears, damage costs, and compensation for substantial interference. The Former Tenant filed a T2 and T6 application alleging the Landlord failed to meet maintenance obligations and substantially interfered with their reasonable enjoyment.
Determinations
- Former Tenants entered into tenancy on June 1, 2020
- Former Tenants vacated rental unit on December 17, 2021
- Former Tenants filed T2 and T6 applications on February 18, 2023
- Landlord served Former Tenants with L10 application on July 25, 2023
- Landlord amended L10 application to claim $25,293.37
- Landlord's claim for rent arrears dismissed
- Landlord's claim for floor replacement denied
- Landlord's claim for vent cleaning denied
- Landlord's claim for water filter replacement denied
- Landlord awarded $1,751.50 for cleaning and debris removal
- Landlord's claim for labor costs denied
- Landlord holding $2,500 last month's rent deposit
Case Study
The Former Tenant's T2 and T6 applications were dismissed as they were filed more than one year after the Former Tenant vacated the rental unit. The Landlord's L10 application was amended to claim $25,293.37 in rent arrears, damage, and substantial interference. The Landlord's claims for rent arrears and some damage costs were dismissed, but the Landlord was awarded $1,751.50 for cleaning and debris removal. The Former Tenant was ordered to pay the Landlord $616.63 after accounting for the last month's rent deposit.
Arguments and Actions
Landlord
Arguments
Landlord is entitled to claim labor costs for work performed.
Actions
Landlord performed repair work himself to expedite repairs and minimize losses.
Tenant
Actions
Former Tenants vacated rental unit on December 17, 2021 and left behind debris and garbage.
Decision Summary
The tenancy was terminated effective December 17, 2021. The Former Tenant was ordered to pay the Landlord $616.63 after accounting for the last month's rent deposit and interest. The Former Tenant was also ordered to pay the Landlord $201 for the application filing fee, for a total of $817.63 owed to the Landlord.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Rent Arrears
$2,500
Application Fee
$201
Rent Deposit
$2,500
Deposit Interest
$32
Damages
$10,533
Other Owed Amount
$1,752
Cleaning and debris removal
Total Owing
$818 (Owed to Landlord)
Source
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