Pu v Khurram - Tenant Awarded $5950 for Break-in at Rental Unit
Tenant awarded $5950 compensation after break-in at Waterloo rental unit due to landlord's negligence
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 258 Sunview Street, Waterloo, ON N2L0H6
Decision in favor of
tenant
Balance Owed to Tenant
$5,951
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
May 2021
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Feb 15, 2024
Dispute Summary
The Tenant alleges that she was the victim of a break-in and theft in her rental unit due to the negligent actions of the Landlord and the Landlord's agent, M. Khurram (MK). She alleges that MK lost the key to her unit, and he failed to inform the Tenant. As a result of the break-in that took place in May 2021, the Tenant alleges she lost a number of important documents, as well as valuable personal belongings.
Determinations
- Tenant alleges break-in due to Landlord's negligence
- Landlord's agent, MK, lost key and failed to inform Tenant
- Tenant lost important documents and valuable belongings
- Tenant terminated lease early due to break-in
- Tenant did not have contents insurance
Arguments and Actions
Landlord
Arguments
Tenant should have had contents insurance and should not have left valuable items in the unit if she was staying elsewhere.
Actions
Landlord's agent, MK, conducted 9 showings of the rental unit from March 2021. MK was aware of missing lockboxes but did not inform Tenant.
Tenant
Arguments
Landlord and Landlord's agent were negligent in failing to inform Tenant about missing lockboxes, which led to break-in and theft of Tenant's belongings.
Actions
Tenant installed surveillance camera to monitor who was coming into her unit. Tenant said she had to leave her unit to study for exams due to excessive showings.
Decision Summary
The Landlord and Landlord's agent, MK, substantially interfered with the Tenant's reasonable enjoyment of the rental unit by failing to inform the Tenant about the missing lockboxes and keys, which led to a break-in and theft of the Tenant's belongings. The Tenant is awarded $5,950.52, including rent abatement, replacement of lost items, storage expenses, and general damages.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,208
Application Fee
$48
Damages
$6,000
Other Owed Amount
$195
Storage expenses
Total Owing
$5,951 (Owed to Tenant)
Source
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