Landlord Wins Substantial Interference and Damage Case: Vaillancourt v Williams 2024
Chelmsford landlord awarded $11911 after terminating tenancy for tenant's dogs off-leash, failure to clean, and property damage
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2 61 Main Street East, Chelmsford, ON P0M1L0
Decision in favor of
landlord
Balance Owed to Landlord
$11,912
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 3, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment of the residential complex and undue damage to the rental unit. The Landlord alleged the Tenant allowed his dogs to run off-leash, failed to clean up dog feces and cigarette butts, and caused damage to the rental unit beyond normal wear and tear.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice within 7-day period
- Tenant's dogs off-leash and failure to clean up substantially interfered with others' enjoyment
- Tenant caused undue damage to rental unit beyond normal wear and tear
- Landlord provided evidence and quotes for repair costs
Arguments and Actions
Landlord
Actions
Landlord testified that the Tenant's dogs would approach other tenants' doors, the Tenant did not clean up dog feces and cigarette butts, and the rental unit had significant damage beyond normal wear and tear.
Tenant
Actions
Tenant allowed dogs to run off-leash, failed to clean up dog feces and cigarette butts, and caused damage to the rental unit beyond normal wear and tear.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant was granted. The Tenant was ordered to pay the Landlord $11,911.84, which includes compensation for use of the unit, repair costs for damage, and the application filing fee, minus the rent deposit and interest. If the Tenant does not pay the full amount by the due date, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
78.6%
Tenant Favorable
7.1%
Mutual Agreement
14.3%
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Financial Details
Lawful Rent
$893
Application Fee
$186
Rent Deposit
$850
Deposit Interest
$53
Damages
$5,318
Total Owing
$11,912 (Owed to Landlord)
Source
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