RPMS Property Management Services Inc v Sanchez - 2024 LTB Ruling
Landlord granted conditional order against Toronto tenant who caused damage and interfered with enjoyment of property
Summarized by RentZenLast updated: November 5, 2024
Case Summary
Unit ****, 77 Huntley St, Toronto, ON M4Y2P3
Decision in favor of
landlord
Balance Owed to Landlord
$3,440
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
Jun 7, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's behavior substantially interfering with another tenant's or the Landlord's reasonable enjoyment of the residential complex and/or lawful rights, privileges or interests, and the Tenant willfully or negligently causing damage to the rental unit or the residential complex.
Determinations
- Landlord served valid N5 Notice
- Tenant failed to void notice by paying costs within 7 days
- Tenant responsible for water damage and unauthorized modifications
- Landlord seeking conditional order, not termination
Arguments and Actions
Tenant
Arguments
Tenant suffers from mental and physical illness, on fixed income, and enjoys living in the unit due to proximity to medical services
Actions
Tenant installed unauthorized locks, wrote '911' on windows, and caused water damage to the unit
Decision Summary
The Landlord has proven the grounds for termination and compensation, but the Landlord is not seeking termination. Instead, the Landlord is granted a conditional order requiring the Tenant to remove unauthorized modifications, pay for damages, and refrain from certain behaviors for one year. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant suffers from mental and physical illness, on fixed income, and enjoys living in the unit due to proximity to medical services
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Damages
$3,158
Total Owing
$3,440 (Owed to Landlord)
Source
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