Landlord Loses Damage Claim Against Tenants in Oakville Case: Martello-Dipaolo v Dreznjak
Landlord's $11644 damage claim against Oakville tenants dismissed by LTB
Summarized by RentZenLast updated: October 13, 2024
Case Summary
172 River Oaks Blvd E, Oakville, ON L6H5N7
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Feb 2024
Order Date
Feb 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to wilful or negligent damage to the rental unit and residential complex, including damage to cedar trees and removal of flowers.
Determinations
- Tenants vacated the rental unit on June 9, 2022
- Landlord only seeking damages as outlined in amended application
- Original application filed on June 3, 2022 was adjourned
- Amended L2 application filed on June 19, 2023
- Landlord has not proven claims for compensation for alleged damages
- Tenants were in possession of rental unit on application date
- Tenants moved in on May 10, 2021
- Compensation sought totals $11,644.66
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on June 9, 2022, without paying full rent arrears.
Decision Summary
The Landlord's application is dismissed as the Landlord has not proven on a balance of probabilities the claims for compensation for alleged damages to the cedar trees and flower beds.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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