Sharma v Hamblin - Landlord Loses Damages and Persistent Late Payment Case
Landlords' application to terminate tenancy and evict tenants dismissed due to lack of evidence of damages and persistent late rent payments
Summarized by RentZenLast updated: November 3, 2024
Case Summary
79 Allure St, Newmarket, ON L3X0L1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Jul 2024
Order Date
Jul 10, 2024
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenants due to alleged damages to the rental unit and persistent late payment of rent. The Landlords served N5 and N8 Notices, but the Tenants disputed the allegations.
Determinations
- Landlords failed to prove damages by Tenants
- Second N5 Notice was invalid
- Tenants' late rent payments not persistent enough to warrant termination
Arguments and Actions
Landlord
Arguments
Landlord argued the Tenants wilfully or negligently caused damage to the rental unit, and were persistently late in paying rent.
Actions
Landlord Mahoj Sharma testified that he inspected the rental unit and found water damage to the hardwood floors, stains on the carpets, and other issues. He submitted photos as evidence.
Tenant
Actions
Tenants deny causing any damage to the rental unit. Tenant Shannon Hamblin testified that the stains on the carpets were from spills by their children, and the flooring was not damaged.
Decision Summary
The Landlords' application is dismissed. The evidence was insufficient to establish that the Tenants wilfully or negligently caused damage to the rental unit. The Tenants' late rent payments, while concerning, were not found to be persistent enough to warrant termination of the tenancy.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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