Luu v Zeigler
Last updated: January 12, 2025
Order
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$12,939
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Luu v Zeigler, 2024 ONLTB 54921
File Number: LTB-L-061432-23
Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Aug 12, 2024
Tenancy End Date
Aug 2024
Decision
The Landlord's application is granted. The tenancy is terminated effective August 31, 2024. The Tenant must pay the Landlord $12,939.34, which includes the cost of repairs and the application fee, minus the rent deposit and interest. If the Tenant does not pay by August 31, 2024, they will owe interest starting September 1, 2024.
Reason for Eviction Relief
Tenant paid rent up to hearing date and did not interfere or damage unit after N5 notice
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference and damage to the rental unit. The Landlord claimed the Tenants caused a flood by misusing the washing machine.
Determinations
- Landlord served valid N5 Notice
- Tenants did not void notice by repairing damage
- Tenants in possession on application date
- Washing machine leak caused by Tenant overloading
- Landlord incurred $15,457.12 in repair costs
Landlord's Arguments
Actions and Evidence
Landlord presented evidence that washing machine was overloaded, causing flood and $15,457.12 in damages
Tenant's Arguments
Arguments
Tenant argued N5 notice was defective because it did not name all tenants
Actions and Evidence
Tenant disputed that washing machine was overloaded, claimed fault was with machine
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Financial Details
Lawful Rent
$2,595
Application Fee
$186
Rent Deposit
$2,595
Deposit Interest
$109
Damages
$15,457
Ordered Amount
$12,939 (to Landlord)
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