Paint Walls (Damage)(RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-31
CLNP Page ID:	2065
Page Categories:	[Interference of Reasonable Enjoyment (LTB)], [Damage to Rental Unit (RTA)], [Section 34 (RTA)]
Citation:	Paint Walls (Damage)(RTA), CLNP 2065, <https://rvt.link/30>, retrieved on 2024-10-31
Editor:	Sharvey
Last Updated:	2023/02/15

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Cahill v Mahaffey, 2021 CanLII 129708 (ON LTB)

8. At the hearing the Landlord testified that the Tenant has caused damage to several parts of the rental unit and residential complex, including holes in the stairwell, a missing banister, patches of scribbling on walls, a missing set of bi-fold doors in the laundry area, a decal stuck to a wall in the unit, missing closet doors, and staples in the vinyl window frame. The Landlord also testified that the Tenant has painted the unit in bold colours. The Landlord claims $2,558.42 in total for the repair of the damage. At the hearing the Landlord testified that she arrived at this number through consultation with her handyperson.

9. The Landlord filed photographs showing all of the damage that the Landlord alleges.

10. Based on the Landlord’s uncontested evidence, I find, on a balance of probabilities, that the Tenant or another occupant of the unit wilfully or negligently caused damage to the rental unit and residential complex.

11. I also find that the cost to repair the damage is reasonable. However, I do not find that the bold paint is damage that is compensable at this time. Tenants are entitled to paint their units and if they do so in bold colours they are expected to paint the unit in a neutral colour prior to moving. The Tenant has not moved out and so this part of the Landlord’s claim is premature. The Landlord attached a breakdown of the cost of repairing the various issues and the amount claimed for painting over bold colours is $380.00. This amount is deducted from the total claimed and so I find a reasonable cost to repair the damage is $2,178.42.