Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$1,683
to Landlord
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Citation: Kandiah v Sweeney, 2024 ONLTB 48204
File Number: LTB-L-086562-23
Application Date
Oct 2023
Hearing Date
May 2024
Order Date
Jul 2, 2024
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.
The damage was caused by the Tenant's attempts to repair unresolved maintenance issues that the Landlord failed to address. Eviction would be inappropriate.
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.
Landlord argues the Tenant caused undue damage to the rental unit and was persistently late in paying rent.
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 argues the damage was necessary due to the Landlord's failure to address maintenance issues in a timely manner.
Tenant removed carpet due to water damage and mold, and performed other repairs to the rental unit without the Landlord's consent.
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Application Fee
$186
Damages
$1,300
Other Amount
$198
Garbage removal by City
Ordered Amount
$1,683 (to Landlord)
Click to switch between order outcomes
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