Landlord Wins Damages Case: RIM Group Limited v Mackenzie 2023
Toronto landlord awarded $278 in damages after tenant fails to meet condition in previous LTB order
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1055 Victoria Park Ave, Toronto, ON M4B2J8
Decision in favor of
landlord
Balance Owed to Tenant
-$1,365
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Sep 22, 2023
Tenancy End Date
Oct 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant, and for an order to have the tenant pay compensation for damage they owe because the tenant did not meet a condition specified in the order issued by the LTB on June 26, 2023.
Determinations
- Tenant failed to pay $278.00 for compensation for damage by August 31, 2023
- Landlord collected a rent deposit of $1,585.00 from the tenant
- Interest on the rent deposit is owing to the tenant for the period from October 1, 2021, to September 22, 2023
- Landlord is entitled to daily compensation from the day after this order is issued to the date the tenant moves out at a daily rate of $53.09
Case Study
The order provides that the landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the tenant to terminate the tenancy and evict the tenant if the tenant does not meet certain condition(s) in the order. The tenant failed to pay the required amount for compensation for damage, so the landlord is entitled to request an order for compensation for damage.
Decision Summary
The tenancy between the landlord and the tenant is terminated. The tenant must move out of the rental unit on or before October 3, 2023. If the unit is not vacated on or before October 3, 2023, then starting October 4, 2023, the landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The amount of the rent deposit and interest the landlord owes on the rent deposit exceeds the compensation for damage the landlord is entitled to by $1,364.78. The landlord is authorized to deduct $53.09 per day for compensation for the use of the unit starting September 23, 2023, to the date the tenant moves out of the unit.
Adjudicator Details
LTB Member
Total Orders
580
Landlord Favorable
94.1%
Tenant Favorable
0.3%
Mutual Agreement
5.5%
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Financial Details
Rent Deposit
$1,585
Deposit Interest
$58
Damages
$278
Total Owing
-$1,365 (Owed to Tenant)
Source
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