Supra Holdings Corporation v Grella - LTB Ruling on Rent Arrears and Damages
Ottawa landlord awarded $3574 from former tenant who vacated without notice
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 225 Presland Road, Ottawa, ON K1K2B7
Decision in favor of
landlord
Balance Owed to Landlord
$3,574
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2021
Hearing Date
Nov 2023
Order Date
Jan 15, 2024
Dispute Summary
The landlord applied for an order requiring the former tenant to pay rent arrears, unpaid utilities, and damages. The former tenant vacated the rental unit on October 15, 2021 without proper notice.
Determinations
- Landlord served application and notice properly
- Former tenant vacated on October 15, 2021
- Application filed within one year of vacating
- Landlord incurred $201 in filing fees
- Landlord holding $1,595 last month's rent deposit
- Rent due on 1st of each month
- Former tenant made no payments since application
Case Study
The landlord is entitled to the rent arrears for the period the former tenant vacated without proper notice. The landlord took reasonable steps to mitigate the losses by attempting to re-rent the unit. The landlord's claim for damages is denied as the cleaning required does not meet the threshold of undue damage.
Arguments and Actions
Landlord
Actions
Landlord attempted to re-rent the unit and gave former tenant opportunity to sublet or assign the tenancy.
Tenant
Arguments
Former tenant claims she gave 60-day notice by email on September 30, 2021.
Actions
Former tenant vacated the rental unit on October 15, 2021 without proper notice.
Decision Summary
The former tenant is ordered to pay the landlord $3,190 in rent arrears, $183.30 in unpaid utilities, and $201 in application fees, for a total of $3,574.30. If the former tenant does not pay by January 26, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Rent Arrears
$4,785
Application Fee
$201
Rent Deposit
$1,595
Other Owed Amount
$183
Unpaid utilities
Total Owing
$3,574 (Owed to Landlord)
Source
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