Mahmood v Pitalua

Landlord wins · Toronto · 2025-11-28

Adjudicator

Kyle McGraw

Dispute

Damage to Property, Persistent Late Payment

Notice

Wilful or negligent damage (N5), Persistent late payment (N8)

Amount

$10-20K

Landlord

S.M.

Tenant

A.A.P.

Landlord rep

Elaine Page

What happened

The Landlord applied to terminate the tenancy based on wilful or negligent damage and persistent late payment of rent. The Landlord discovered damages to the unit, including drywall, bathroom vanity, and kitchen cabinets, following reports from building management about the Tenant's dog. The Tenant admitted to some damages while attributing others to normal wear and tear or poor ventilation. The Landlord also established that rent was paid late 10 times in a 12-month period.

The ruling

The tenancy is terminated effective December 31, 2025. The Tenant is ordered to pay the Landlord a total of $10,024.68, which accounts for $9,585.45 in use-and-occupation compensation, $2,427.50 in repair costs for damage to walls, the bathroom vanity, and the balcony step, and the $186.00 filing fee, minus the $2,000.00 rent deposit and $174.27 in interest. The Landlord's claim for kitchen cabinet repairs was denied as normal wear and tear.