Last updated: August 16, 2024
Decision in favor of
Monies to be paid
-
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Tenancy End Date
Apr 2014
Hearing Date
Sep 2016
Order Date
Sep 12, 2016
The court reserved its decision on jurisdiction over both the tenant's claim and the landlord's counterclaim until the end of the trial. The court requires evidence on the discovery of alleged damages and the merits of both parties' claims to determine if the Landlord and Tenant Board would have had exclusive jurisdiction.
Tenant claims $1,250 for a post-dated cheque deposited by Landlord after tenancy ended, and $355.13 for floor repairs. Landlord counterclaims for $11,868.15 in damages caused by Tenant's dogs and loss of rent after early termination.
Landlord argues that the Small Claims Court has jurisdiction over her claim as she could not have discovered the damage before the tenant vacated the unit.
Landlord admits depositing the $1,250 post-dated cheque by accident. Landlord alleges she attempted to arrange an inspection of the unit but was unsuccessful until after the tenant moved out.
Tenant claims entitlement to $1,250 for a post-dated cheque deposited by the landlord after the tenancy ended, and $355.13 for floor repairs based on an alleged oral agreement.
Tenant vacated the rental unit on April 30, 2014, pursuant to an agreement to terminate the tenancy early.
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Damages
$11,868
Other Amount
$1,250
Post-dated cheque deposited by landlord
Click to switch between order outcomes
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Waterloo tenants face eviction for non-payment of $45,500 rent, ordered to pay $36,617.97 to landlord.
Gloucester tenants face eviction for $22,257.05 in unpaid rent, given until January 31, 2025 to vacate.
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