Landlord Wins Partial Victory in Itri v Peixoto LTB Case: Itri v Peixoto 2024
Landlord wins partial victory, recovering $733 from former tenant for unpaid utilities but losing damage claim in York rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1988 Eglinton Ave W, York, ON M6E2J9
Decision in favor of
landlord
Balance Owed to Landlord
$733
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
May 14, 2024
Dispute Summary
Landlord applied for an order requiring the Former Tenant to pay the Landlord's reasonable out-of-pocket costs that are the result of the Former Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement. The Landlord also applied for an order requiring the Former Tenant to pay the Landlord's reasonable out-of-pocket costs that the Landlord incurred or will incur to repair or replace undue damage to property.
Determinations
- Landlord served application and Notice of Hearing properly
- Former Tenant vacated rental unit on 2022-04-30
- Application filed within one year after Former Tenant ceased possession
- Former Tenant owes Landlord $547.22 for unpaid utility costs
- Landlord's claim for damage compensation dismissed
Arguments and Actions
Landlord
Actions
Landlord claims Former Tenant failed to pay utility costs and caused damage to the rental unit.
Tenant
Actions
Former Tenant vacated the rental unit on 2022-04-30 and did not wilfully or negligently damage the rental unit.
Decision Summary
The Landlord proved the Former Tenant owes $547.22 for unpaid utility costs, but the Landlord's claim for compensation for damage was dismissed. The Former Tenant must pay the Landlord $733.22 in total, including the application filing fee.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Application Fee
$186
Other Owed Amount
$547
Unpaid utility costs
Total Owing
$733 (Owed to Landlord)
Source
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