Landlord Wins Wilful Damage Case: Karunakaran v Millard 2024
Whitby tenants evicted for wilful damage, ordered to pay landlord $15186
Summarized by RentZenLast updated: October 13, 2024
Case Summary
3 Mowat Crt, Whitby, ON L1N8H2
Decision in favor of
landlord
Balance Owed to Landlord
$15,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 15, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to wilful damage to the rental unit. The Landlord served a valid N7 notice alleging the Tenants or someone they permitted caused significant damage to the rental unit, including cracked tiles and walls, broken ceiling, doors, cabinets, and plumbing issues. The Tenants acknowledged some of the damage but disputed the extent and cause.
Determinations
- Landlord's late evidence not permitted due to lack of reasonable excuse and unfairness to Tenants
- Landlord proved Tenants or their guests wilfully caused significant damage to rental unit
- Landlord entitled to $15,000 for reasonable repair costs and $186 application fee
- No relief from eviction granted due to Tenant's lack of responsibility and likelihood of further damage
Arguments and Actions
Landlord
Actions
Landlord conducted inspection, took photos, and served N7 notice detailing significant damage including cracked tiles, holes in walls, broken doors, cabinets, and plumbing issues.
Procedural Errors
Landlord submitted late evidence on hearing date without reasonable excuse, which was not permitted.
Tenant
Actions
Tenant acknowledged holes in walls caused by angry guest, but disputed extent of damage and claimed cabinet damage was due to normal wear and tear.
Procedural Errors
Tenant continued to communicate with excluded witness during cross-examination, undermining credibility of testimony.
Decision Summary
The Landlord proved the Tenants or their guests wilfully caused significant damage to the rental unit. The Tenants are ordered to vacate the unit by April 26, 2024 and pay the Landlord $15,000 for reasonable repair costs and $186 application fee. No relief from eviction granted due to Tenant's lack of responsibility and likelihood of further damage.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Application Fee
$186
Damages
$15,000
Total Owing
$15,186 (Owed to Landlord)
Source
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