Last updated: March 4, 2025
Ordered by Mayra Sawicki,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$4,695
to Landlord
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Citation: Gong v Abualhayjaa, 2024 ONLTB 77515
File Number: LTB-L-063605-22
Application Date
Dec 2022
Hearing Date
Sep 2024
Order Date
Oct 23, 2024
The Landlords proved on a balance of probabilities that the Tenants wilfully or negligently caused damage to the rental unit and residential complex. The Tenants failed to void the N5 notices or repair the damage. The Tenants shall pay the Landlords $4,695.00 by November 24, 2024 to cover the costs of the damages. If the Tenants fail to pay, the Landlords may apply to terminate the tenancy and evict the Tenants.
Landlords seek termination due to continued damage, but this should be addressed through a substantial interference notice, not this application
Landlords applied for an order to terminate the tenancy and evict Tenants due to wilful or negligent damage to the rental unit or residential complex. The Landlords also applied for an order requiring the Tenants to pay the Landlords' reasonable out-of-pocket costs to repair or replace the undue damage.
Landlords seek termination of the tenancy and compensation for the damages, as the Tenants failed to void the N5 notices or repair the damages.
Landlords conducted inspections and documented various damages to the rental unit, including to the front lawn, carpet, closet door, bathroom vent, kitchen drawers/floors, and back door lock.
Tenant argues he can repair the damages if Landlords provide direction on the type of flooring and carpets they want. Tenant says money is not an issue.
Tenant's son stained the carpet. Tenant offered to replace the carpet but Landlords did not respond.
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Application Fee
$186
Damages
$4,509
Ordered Amount
$4,695 (to Landlord)
Click to switch between order outcomes
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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