Kandiah v Sweeney - LTB Ruling on Damage and Late Rent
Landlord granted conditional relief from eviction for tenant's property damage and persistent late rent payments in Sudbury rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
172 Oak St, Sudbury, ON P3C1M6
Dispute resolved in
agreement
Balance Owed to Landlord
$1,683
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Oct 2023
Hearing Date
May 2024
Order Date
Jul 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent and damage to the rental unit. The Landlord served valid N8 and N5 notices, but the Tenant disputed the damage claims, stating the repairs were necessary due to the Landlord's failure to address maintenance issues.
Determinations
- Landlord served valid N8 notice for persistent late payment
- Tenant did not void N8 notice by paying rent on time
- Tenant caused undue damage to rental unit
- Tenant did not void N5 notice by repairing damage or paying costs
- Landlord failed to address maintenance issues in timely manner
- Landlord responsible for outside cleaning, not Tenant
Arguments and Actions
Landlord
Arguments
Landlord argues the Tenant caused undue damage to the rental unit and was persistently late in paying rent.
Actions
Landlord discovered extensive damage to the interior and exterior of the rental unit, including missing drywall, trim, and cabinets, as well as garbage left outside.
Tenant
Arguments
Tenant argues the damage was necessary due to the Landlord's failure to address maintenance issues in a timely manner.
Actions
Tenant removed carpet due to water damage and mold, and performed other repairs to the rental unit without the Landlord's consent.
Decision Summary
The Landlord's N5 notice for damage was valid, but the Tenant voided it by not continuing the behavior during the remedial period. However, the Tenant did not void the N5 notice by repairing the damage or paying the costs. The Landlord's N8 notice for persistent late payment was also valid. Despite this, the Tribunal granted conditional relief from eviction, requiring the Tenant to pay rent on time going forward.
Reason for Eviction Relief
The damage was caused by the Tenant's attempts to repair unresolved maintenance issues that the Landlord failed to address. Eviction would be inappropriate.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$186
Damages
$1,300
Other Owed Amount
$198
Garbage removal by City
Total Owing
$1,683 (Owed to Landlord)
Source
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