Hofberg Holdings Limited v Fuller
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Subsections of RTA Quoted
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Order PDF provided by the LTB Order Catalogue
Citation: Hofberg Holdings Limited v Fuller, 2026 ONLTB 54972, LTB-L-020335-24
File Number: LTB-L-020335-24
Timeline
Application Date
Mar 2024
Hearing Date
Jul 2026
Order Date
Jul 29, 2026
Decision
The LTB found the Tenant liable for damage to the rental unit amounting to negligence (awarded at 75% of invoiced costs) and per-diem rent arrears for January 1-22, 2024. The Tenant was ordered to pay the Landlord $3,012.99.
Dispute
The Landlord applied for an order requiring the Former Tenants to pay reasonable out-of-pocket costs to repair or replace undue damage to the rental unit caused wilfully or negligently, as well as rent arrears for short notice/overhold.
Determinations
- The Landlord proved most of the allegations contained in the application on a balance of probabilities.
- The Former Tenant vacated the rental unit on January 22, 2024.
- The application was filed within one year after the Former Tenant ceased to be in possession.
- The Former Tenant or an occupant negligently caused undue damage to the rental unit, and the Landlord is awarded 75% of the invoiced repair costs.
- The Landlord is entitled to per-diem rent for January 1 to January 22, 2024, due to short notice and overholding.
Landlord's Arguments
Arguments
Argued that the tenant caused undue damage through negligence and failed to leave the unit clean, and sought recovery of repair costs, per-diem rent for overholding, and the filing fee.
Actions and Evidence
Landlord's witnesses testified the unit was left in a disastrous, filthy state with damaged appliances, missing doors, and major holes in the walls requiring extensive contractor restoration.
Considerations
Tenant's Arguments
Arguments
Argued that the condition of the unit was merely normal wear and tear after a 5-year tenancy and that short notice was accepted by the Landlord.
Actions and Evidence
Tenant testified they did not leave furniture behind, that the unit suffered only normal wear and tear over 5 years, and that cleaning was hindered by lack of time and an alleged agreement on termination date.
Considerations
leaving unit in severely unclean and damaged conditionshort notice termination
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