Evictly

Khvashchevskaya v Holmes

Split/Other wins · Brechin · 2025-05-01

Adjudicator
Benjamin Seigel
Dispute
Damage to Property, Unpaid Utilities
Amount
$5-10K
Landlord
I.K.
Tenant
P.H.
Landlord rep
Sergey Bogdanov

What happened

The Landlord applied for compensation for unpaid utilities and extensive damages to the rental unit caused by the Former Tenant and his dog after the tenancy had ended. The claimed damages included issues with backyard landscaping, the deck, a screen door, a futon mattress, a shower base, the stove's cooktop, barstools, and the overall cleanliness of the unit, including a cigarette smoke smell. The Former Tenant disputed the claims, arguing that the unit was in a poor state of repair when he moved in and that some alleged damages were pre-existing issues or normal wear and tear.

The ruling

The Board awarded the Landlord a total of $7,038.73, covering unpaid utilities, various damages to the property (deck, screen door, futon, stovetop), professional cleaning costs, and the application fee. This amount already accounts for a deduction of a $1,000 damage deposit held by the Landlord. However, instead of the Former Tenant being ordered to pay this amount, the Board ordered that the $7,038.73 be set-off against a larger, pre-existing debt owed by the Landlord to the Former Tenant from a previous LTB order (LTB-T-032325-23).