Tran v Grandmond – LTB Order LTB-L-003758-23 | Belleville Rent Arrears & Damage Ruling

Total judgment of $21,063.64 ordered against the Tenants.
Payment deadline set for January 14, 2025; simple interest at 6.00% annually accrues from January 15, 2025 on any outstanding balance.
Rent deposit of $1,650.00 and $22.00 interest credited against rent arrears award.
No eviction order issued as Tenants had already vacated the unit on March 31, 2023.

Landlord filed L1 (rent arrears) and L2 (substantial interference, property damage, unpaid utilities) applications in January 2023.
Tenants vacated the unit on March 31, 2023; applications were amended accordingly to seek monetary compensation only.
Landlord's N5 notice dated December 4, 2022 cited ceiling damage and unpaid utilities; Tenants did not void the notice within seven days.
Tenants did not comply with an interim order requiring disclosure by May 31, 2024, and did not attend the hearing.
Board granted Landlord's request to amend the L2 application to include unpaid utility claims for July 2022 to March 2023.

Rent arrears of $14,100.00 were established for September 1, 2022 to March 31, 2023 at $2,350.00/month; rent deposit of $1,650.00 plus $22.00 interest was deducted, leaving $12,614.00 including the $186.00 filing fee.
Tenant negligently caused undue damage (bathtub overflow damaging downstairs ceiling and bathtub area); Landlord incurred $5,086.05 in repair costs per Cruikshank Home Renovations invoice dated November 16, 2022; awarded $5,068.05.
Tenant owed 65% of heat, hydro, and water bills per lease: hydro $1,879.61, heat $674.46, water $827.52, totalling $3,381.59; awarded in full.
Claims for internet and phone costs dismissed — not defined as utilities under s.2(1) of the Residential Tenancies Act, 2006.
L2 application amendment granted under s.201(1)(f) of the Act as the utility claim was not new and Tenants had prior notice via February 24, 2024 email.

Tenants failed to pay rent from September 1, 2022 to March 31, 2023, accumulating $14,100.00 in arrears.
Tenants negligently caused water damage by allowing the bathtub to overflow while bathing children, resulting in $5,068.00 in repair costs.
Tenants failed to pay their 65% share of heat, hydro, and water utilities from July 2022 to March 2023, totalling $3,381.59.
Tenants did not appear at the November 4, 2024 hearing despite proper notice and failed to comply with an interim disclosure order.
Internet and phone costs were dismissed as they do not qualify as utilities under the Residential Tenancies Act, 2006.