Landlord Wins Damage Claim Against Tenant: Ghafoori v Mohamed 2024
Etobicoke landlord awarded $1486 from tenant who broke windows and door in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 262 John Garland Blvd, Etobicoke, ON M9V1N8
Decision in favor of
landlord
Balance Owed to Landlord
$1,486
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jul 2023
Hearing Date
May 2024
Order Date
Jun 3, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant causing undue damage to the rental premises, including breaking two windows in the common area and the Tenant's room door. The Landlord also sought an order for the Tenant to pay the reasonable costs to repair the damages.
Determinations
- Landlord served two N5 Notices alleging Tenant caused undue damage
- First N5 Notice was properly served but Landlord did not file application within 30 days
- Second N5 Notice was defective as it alleged same damages as first notice
- Tenant did not void first N5 Notice by repairing or paying for damages
- Uncontested evidence shows Tenant caused undue damage to property
- Landlord's costs to replace windows and door frame were reasonable
Arguments and Actions
Landlord
Procedural Errors
Landlord did not file application within 30 days of first N5 Notice
Tenant
Actions
Tenant admitted to breaking the door and windows to gain access after losing his keys.
Decision Summary
The Landlord's application for termination of the tenancy is dismissed as the second N5 Notice was defective. However, the Landlord is entitled to an order for the Tenant to pay $1,300 to cover the reasonable costs to replace the damaged property, and an additional $186 for the application filing fee, for a total of $1,486. If the Tenant does not pay the full amount by June 14, 2024, the Tenant will start owing interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Application Fee
$186
Damages
$1,300
Total Owing
$1,486 (Owed to Landlord)
Source
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