LoCo Real Estate Investments Inc. v Archer

Last updated: November 3, 2024

Order

Ordered by Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: May 15, 2024
*** King St E, Colborne, ON K0K1S0
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$35,186

to Landlord

Notices Sent

N5

Subsections of RTA Quoted

62(1)62(2)62(3)89(1)(a)
ContentionHigh

Agree with the ruling?

Citation: LoCo Real Estate Investments Inc. v Archer, 2024 ONLTB 34298

File Number: LTB-L-011986-24

Timeline

Application Date

Jan 2024

3 months

Hearing Date

May 2024

14 days

Order Date

May 15, 2024

1 months

Tenancy End Date

Jun 2024

Decision

The Landlord's application is granted. The tenancy is terminated effective June 15, 2024. The Tenants must pay the Landlord $35,000 for the costs to repair the damages to the rental unit, plus the $186 application fee. If the Tenants do not pay the full amount by June 15, 2024, they will owe interest at 7% annually on the outstanding balance.

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Reason for Eviction Relief

Tenants have resided in the unit for 6 years, are on fixed incomes, and do not have the financial capacity to repair the damages or repay the costs within a reasonable period

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Dispute

Landlord applied for an order to terminate the tenancy and evict the Tenants due to substantial interference and damages to the rental unit. The Landlord submitted evidence of extensive damages to the rental unit, including holes in the drywall, missing and/or broken doors, damaged appliances, and other issues. The Tenants acknowledged causing the damages and did not void the N5 notice.

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Determinations

  • Landlord has proven grounds for termination and claim for compensation
  • Tenants were in possession on application date
  • Rental unit is a two-story building with 7 residential and 3 commercial units
  • Landlord's claim for damages exceeds LTB's monetary jurisdiction of $35,000
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenants did not dispute the damages caused to the rental unit. Tenant John Archer confirmed he has issues controlling his anger and most of the damages were caused by himself.

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Considerations

Tenant John Archer confirmed he has issues controlling his anger and most of the damages were caused by himself

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Financial Details

Application Fee

$186

Damages

$35,000

Ordered Amount

$35,186 (to Landlord)

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