Lau v Mordchaev
Last updated: October 13, 2024
Order
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
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Citation: Lau v Mordchaev, 2024 ONLTB 60703
File Number: LTB-L-068436-23
Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
Aug 21, 2024
Decision
The Landlord's application is dismissed. The Landlord did not prove the Tenant, another occupant, or someone the Tenant permitted caused the flood damage to the rental unit. The Tenant's testimony and evidence were found more credible than the Landlord's hearsay evidence.
Dispute
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant allegedly causing significant damage to the rental unit through a flood. The Landlord claimed the Tenant was negligent in not notifying the Landlord about the running toilet that caused the flood.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by repairing damage or making arrangements
- Tenant was in possession on application date
- Flood occurred in rental unit on 2023-06-24
- Tenant notified Landlord of flood incident
- Tenant made reasonable efforts to mitigate damage
- Landlord incurred costs to repair damage
- Landlord did not prove Tenant, occupant, or guest caused damage
Landlord's Arguments
Arguments
Tenant was negligent in not notifying Landlord about running toilet that caused flood, resulting in significant damage.
Tenant's Arguments
Arguments
Flood was not Tenant's fault, but due to systemic plumbing issues in the building. Presented evidence of other units experiencing similar floods.
Actions and Evidence
Tenant left unit to get a haircut, returned to find unit flooded. Turned off water, cleaned up, and immediately notified Landlord.
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