TBDSSAB - Housing Programs v Quisses: Landlord Wins Damage Dispute
Landlord awarded $13519 in damages after tenant's negligence caused water damage to multiple units, leading to termination of tenancy
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 230 Amelia St W, Thunder Bay, ON P7E6H2
Decision in favor of
landlord
Balance Owed to Landlord
$13,705
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Mar 2024
Hearing Date
Jun 2024
Order Date
Jul 4, 2024
Tenancy End Date
Jul 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 willfully or negligently causing undue damage to the rental unit or the residential complex. The Landlord claimed the Tenant placed a burning mattress in the hallway, left water running inside the rental unit that caused water damage to the lower units, and clogged the drain and toilet which caused water damage to the lower units.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by repairing damage
- Tenant in possession on application date
- Lawful rent is $121 per month
- No rent arrears
Arguments and Actions
Tenant
Actions
The Tenant placed a burning mattress in the hallway, left water running inside the rental unit that caused water damage to the lower units, and clogged the drain and toilet which caused water damage to the lower units.
Aggravating Factors
The Tenant's conduct after the application continued with further occurrences of water damage to the lower tenant's units on April 14, 2024, and April 24, 2024, which resulted in further restoration to the lower rental units.
Decision Summary
The Landlord proved the Tenant willfully or negligently caused undue damage to the rental unit and residential complex. The Tenant is ordered to pay $13,518.79 in damages and $186 in application fees. The tenancy is terminated effective July 15, 2024. If the Tenant does not vacate by that date, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Lawful Rent
$121
Application Fee
$186
Damages
$13,519
Total Owing
$13,705 (Owed to Landlord)
Source
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