LTB Order LTB-L-038963-22

Order under Section 2023 ONLTB 23706 (CanLII) Residential Tenancies Act, 2006 Citation: S.L. v L., 2023 ONLTB 23706 Date: 2023-03-07 File Number: LTB-L-038963-22 In the matter of: 509, 2515 TROUT LAKE RD NORTH BAY ON P1B8Y4 Between: S.L. Landlord And R.L. Tenant S.L. (the 'Landlord') applied for an order requiring R.L. (the 'Tenant') to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex. This application was heard by videoconference on January 11, 2023. Only the Landlord’s Agent, Sandi Robertson-Brooks, attended the hearing. As of 12:40 p.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. As explained below, the Landlord has proven on a balance of probabilities the grounds for the claim for compensation in the application. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. The Tenant vacated the rental unit on February 28, 2022. 4. There is no last month's rent deposit. 5. The Landlord alleges the Tenant, another occupant of the rental unit or a person whom the Tenant permitted in the residential complex wilfully or negligently caused undue damage to the rental unit or residential complex.  6. The Landlord’s Agent submitted several photographs as evidence. These photographs showed extensive water damage to the rental unit caused by an improperly installed portable air conditioner. The damage occurred in the L. room and bedroom of the rental unit and caused damage to two other units. 2023 ONLTB 23706 (CanLII) Order Page 1 of 2 File Number: LTB-L-038963-22 7. The Landlord’s Agent also submitted an invoice, provided to the Tenant, which showed the costs to repair the damages in all three units. This invoice includes a total amount owing of $8,051.53. 8. Based on the uncontested evidence before me and on a balance of probabilities, I am satisfied the Tenant, another occupant of the rental unit, or a person the Tenant permitted in the residential complex has caused undue damage to the rental unit and two other units. I find the Landlord has incurred or will incur reasonable costs of $8,051.53 to repair the damage and replace property that was damaged and cannot be repaired. It is ordered that: 1. The Tenant shall pay to the Landlord $8,051.53, which represents the reasonable costs of repairing the damage and replacing the damaged property. 2. The Tenant shall also pay to the Landlord $201.00 for the cost of filing the application. 3. The total amount the Tenant owes the Landlord is $8,252.53. 4. If the Tenant does not pay the Landlord the full amount owing on or before March 18, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 19, 2023 at 5.00% annually on the balance outstanding. March 7, 2023 ____________________ Date Issued Susan Priest Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.  Order Page 2 of 2 2023 ONLTB 23706 (CanLII)