Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$1,536
to Landlord
Agree with the ruling?
Citation: Giddy v Leclair, 2024 ONLTB 25554
File Number: LTB-L-047152-23
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
Apr 15, 2024
The portion of the L2 application relating to the N5 notices of termination is dismissed. The portion of the L2 application relating to damages is granted. The Tenant shall pay the Landlord $1,350.00 for the reasonable costs of repairing the damage and replacing the damaged property, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by April 26, 2024, the Tenant will start to owe interest at 7.00% annually on the balance outstanding.
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully or negligently causing damage to the premises. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs to repair or replace the undue damage.
Landlord submitted pictures showing the deck removed and the rebuilt deck, which is not level and appears to have various issues.
First N5 notice of termination served less than 20 days before the termination date, making it invalid.
Tenant's boyfriend took the front of the deck down and Tenant attempted to rebuild the deck, but it is not level and the proper materials were not used.
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Application Fee
$186
Damages
$1,350
Ordered Amount
$1,536 (to Landlord)
Click to switch between order outcomes
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