Landlord Wins Eviction and Damages Case: Lizarazo v Pentayah 2024
Brampton landlord awarded $33089 in rent arrears and damages from tenant who failed to pay rent and caused property damage
Summarized by RentZenLast updated: November 3, 2024
Case Summary
18 Lambton Crt, Brampton, ON L6V2A9
Decision in favor of
landlord
Balance Owed to Landlord
$33,089
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Jul 2023
Hearing Date
Jan 2024
Order Date
Jun 10, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and wilful or negligent damage to the premises. The Landlord served the Tenant with a valid N4 Notice for non-payment of rent and an N5 Notice for damage to the property, which the Tenant did not void. The Tenant vacated the rental unit on July 1, 2023.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 Notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2023-07-01
- Lawful rent is $1,900 due on 1st of each month
- No payments made since application filed
- Landlord served valid N5 Notice
- Tenant did not void N5 Notice by correcting damage
- Tenant caused undue damage wilfully or negligently
- Landlord incurred $12,903.47 in repair and replacement costs
Arguments and Actions
Tenant
Actions
Tenant caused or permitted an accumulation of garbage, wood pieces, bricks, furniture, junk and other items in the back yard and throughout the property.
Decision Summary
The tenancy is terminated effective July 1, 2023, the date the Tenant vacated the rental unit. The Tenant is ordered to pay the Landlord $18,298.47 for rent arrears and application filing fees, and $12,903.47 for damages, for a total of $33,089.47. If the Tenant does not pay the full amount by June 21, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$18,112
Application Fee
$186
Damages
$12,903
Total Owing
$33,089 (Owed to Landlord)
Source
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