Oxford Properties Group v Benjamin: Tenant Negligence and Flood Damage
Tenant ordered to pay $22462 for flood damage with conditional tenancy preservation
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 120 Torresdale Ave, Toronto, ON M2R3N7
Decision in favor of
landlord
Balance Owed to Landlord
$22,648
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Aug 2024
Order Date
Oct 1, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to causing a flood in the rental unit that damaged multiple units in the residential complex. The Tenant did not void the N5 notice by paying the claimed damages.
Determinations
- Tenant negligently caused flood
- Bathtub left with faucet running and stopper engaged
- Multiple units damaged
- Tenant did not void N5 notice
- Reasonable repair costs established
Case Study
The Tenant negligently caused damage by leaving the bathtub faucet running with the stopper in place, causing flooding in multiple units. The Landlord's evidence was preferred over the Tenant's testimony.
Arguments and Actions
Landlord
Arguments
Sought termination of tenancy and full payment of damages
Actions
Documented flood damage, provided invoices for repairs
Tenant
Arguments
Disputed reasonableness of repair costs, suggested pipe burst instead of negligence
Actions
Left bathtub running with stopper engaged, causing flood in multiple units
Decision Summary
Tenancy continues subject to Tenant paying $500 monthly towards $22,461.70 in damages. Failure to comply may result in immediate termination of tenancy.
Reason for Eviction Relief
Tenant has stable employment, long-term tenancy, and ability to make monthly payments
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Application Fee
$186
Damages
$22,462
Total Owing
$22,648 (Owed to Landlord)
Source
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