Landlord Wins Damages Claim Against Tenants: Njoku v Elliott 2024
Landlord awarded over $12500 for rent arrears and property damage in London, ON case
Summarized by RentZenLast updated: November 3, 2024
Case Summary
911 Jalna Blvd, London, ON N6E2V3
Decision in favor of
landlord
Balance Owed to Landlord
$12,570
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Sep 2023
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jun 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent, damage to the rental unit, and the Tenants' actions that seriously impaired the safety of others and were inconsistent with the use of the rental unit as a residential premises. The Tenants had vacated the rental unit prior to the hearing.
Determinations
- Tenants vacated rental unit on 2023-09-01
- Landlord's application for termination of tenancy is moot
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,500 per month
- No rent payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord testified that the Tenants damaged the interior doors, dining room chandelier, kitchen bay window, and flooring throughout the rental unit.
Tenant
Actions
Tenants vacated the rental unit on September 1, 2023.
Decision Summary
The Landlord's application for termination of tenancy is dismissed as the Tenants had already vacated the rental unit. The Landlord is granted an order requiring the Tenants to pay $6,319.51 for the reasonable costs to repair the damaged flooring in the rental unit. The Tenants are also ordered to pay $6,250.32 in rent arrears and application filing fees.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$6,049
Application Fee
$201
Damages
$6,320
Total Owing
$12,570 (Owed to Landlord)
Source
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