LoCo Real Estate Investments Inc. v Archer
Last updated: November 3, 2024
Order
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$35,186
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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
Hearing Date
May 2024
Order Date
May 15, 2024
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.
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
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.
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
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.
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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