Baytree Property Management Inc. v Sandupatla

Landlord wins · Toronto · 2021-11-05

Adjudicator

Alex Brkic

Dispute

Damage to Property, Substantial Interference

Notice

N5

Amount

<$5K

Landlord

Baytree Property Management Inc.

Tenant

H.S., V.S.H.S.

Landlord rep

Shannon Jackson

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant, and/or wilfully or negligently causing undue damage to the premises. The Landlord also claimed compensation for the damage.

The ruling

The tenancy between the Landlord and the Tenants is terminated as of December 31, 2020, the date when the Tenants gave vacant possession of the rental unit back to the Landlord. The Tenants shall pay to the Landlord $1,455.00, which represents the reasonable costs of repairing the undue damage caused by the pulling of the building's fire alarm by the Tenants' guest, occupant or sublessee. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. If the Tenants do not pay the Landlord the full amount of $1,641.00 owing on or before November 16, 2021, they will start to owe simple interest calculated from November 17, 2021 at 2.00% annually on the balance outstanding.