Sunder Group of Companies LTD. v Shahed - LTB Ruling on Tenant Damage
Tenant ordered to pay $2022 for damages, faces eviction risk if conditions not met
Summarized by RentZenLast updated: November 3, 2024
Case Summary
312 Scarborough Golf Club Rd, Toronto, ON M1G1H6
Decision in favor of
landlord
Balance Owed to Landlord
$2,022
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
May 2024
Order Date
Jun 6, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully or negligently causing damage to the premises, including damage to the kitchen and bathroom countertops, and damage to the bathroom walls and ceiling.
Determinations
- Landlord proved grounds for termination of tenancy and claim for compensation
- Tenant did not void N5 notice by repairing damage or paying costs
- Damage to kitchen and bathroom countertops was undue and caused negligently
- Tenant did not take reasonable steps to prevent moisture damage in bathroom
Arguments and Actions
Tenant
Actions
Tenant stated damage to kitchen countertop was accidental due to leaving hot pan on it, and bathroom damage was due to excess moisture from showers with door closed
Decision Summary
Landlord proved grounds for termination of tenancy and claim for compensation due to Tenant's negligent damage to property. However, conditional relief from eviction granted if Tenant pays $1,836.25 in repair costs and $186 application fee by June 30, 2024.
Reason for Eviction Relief
Provide Tenant opportunity to preserve housing, and reduce prejudice to Landlord
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Damages
$1,836
Total Owing
$2,022 (Owed to Landlord)
Source
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