Riverdale Co-operative Houses v Barker - LTB Ruling on Substantial Interference and Damages
Co-op wins order to evict member and recover $10383 for damages to rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 238 Coxwell Avenue, Toronto, ON M4L3B2
Decision in favor of
landlord
Balance Owed to Landlord
$10,383
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
May 8, 2024
Tenancy End Date
Jun 2024
Dispute Summary
The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member because the Co-op Member, another occupant of the member unit or someone the Co-op Member permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Co-op or another member of the Co-op or occupant of the residential complex, and has wilfully or negligently caused damage to the premises.
Determinations
- Co-op served valid N5C notice
- Co-op Member did not void notice
- Co-op Member substantially interfered with enjoyment
- Co-op Member wilfully or negligently caused damage
- Reasonable costs to repair damage is $10,742.84
Arguments and Actions
Landlord
Actions
The Co-op inspected the member unit on January 23, 2024 and observed dog feces and urine, damages to the floor, and excessive garbage. The Co-op submitted photos of the damages and invoices for the repair costs.
Tenant
Arguments
The Co-op Member requested delaying eviction for a month while he locates alternative housing.
Actions
The Co-op Member did not stop the conduct or activity or correct the omission within seven days after receiving the N5C notice of termination. The Co-op Member also did not repair the damage, pay the Co-op the reasonable costs to repair the damage or make arrangements satisfactory to the Co-op within seven days after receiving the N5C notice of termination.
Decision Summary
The Co-op's application is granted. The Co-op Member's occupancy is terminated effective June 7, 2024. The Co-op Member must pay the Co-op $10,382.84 by June 7, 2024, which includes the reasonable costs to repair the damage and the application filing fee, minus the refundable deposits owed to the Co-op Member.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Application Fee
$201
Rent Deposit
$561
Damages
$10,743
Total Owing
$10,383 (Owed to Landlord)
Source
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