Landlord Wins Damage Dispute: Westfall v Bosse 2023
St. Catharines landlord awarded $6429 for tenant-caused damage to rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 61 McCalla Drive, St. Catharines, ON L2N1A4
Decision in favor of
landlord
Balance Owed to Landlord
$6,429
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Tenancy End Date
Feb 2021
Hearing Date
Apr 2021
Order Date
Jun 15, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to wilful or negligent damage to the rental unit, including a broken front door window and smoke damage from smoking in the unit.
Determinations
- Tenants were in possession when application filed
- Tenants involved in fight, broke front door window
- Tenants smoked in unit despite lease prohibition, causing smoke damage
- Landlord served valid N7 notice
- Tenants vacated unit on February 23, 2021
Case Study
The landlord provided uncontested evidence of the tenants' actions that caused damage to the rental unit, including a broken front door window and smoke damage. The landlord properly served an N7 notice and the tenants vacated the unit on February 23, 2021.
Arguments and Actions
Tenant
Actions
Tenants were involved in a fight, with tenant Michael Bosse kicking and breaking the front door window. Tenants also smoked in the rental unit despite a lease prohibition, causing smoke damage.
Decision Summary
The tenancy was terminated effective February 23, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay the landlord $1,243 for the broken door window, $4,000 for smoke damage repairs, and the $186 application filing fee, for a total of $6,429.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Application Fee
$186
Damages
$5,243
Total Owing
$6,429 (Owed to Landlord)
Source
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