Landlord Wins Utility Costs Case: Noronha v Russell 2024
Brockville landlord awarded $5455 from tenant for unpaid utility costs
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 75 James St W, Brockville, ON K6V3Z9
Decision in favor of
landlord
Balance Owed to Landlord
$5,455
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 18, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to damage to the premises and failure to pay utility costs. The Tenant vacated the rental unit on November 1, 2023 prior to the hearing.
Determinations
- Landlord proven claim for unpaid utility costs of $5,268.53
- Tenant was in possession on application date
- Eviction claim based on N5 notice is moot as Tenant vacated
- Landlord failed to prove claims for damages and substantial interference
Arguments and Actions
Landlord
Procedural Errors
Landlord failed to properly serve Amended Application on Tenant
Tenant
Actions
Tenant vacated the rental unit on November 1, 2023.
Decision Summary
Landlord proven claim for $5,268.53 in unpaid utility costs. Landlord's claims for damages and substantial interference dismissed due to lack of proper notice to Tenant. Tenant ordered to pay $5,454.53 to Landlord, including application fee.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Other Owed Amount
$5,269
Unpaid utility costs
Total Owing
$5,455 (Owed to Landlord)
Source
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