Houle (Tenant) leased four commercial units from 2424375 Ontario Inc. (Landlord) for MMA and NBK.
Initial oral agreements, later written leases, with varied terms and rent structures.
Disputes over lease terms, non-payment of rent, and responsibilities for utilities and repairs.
Lockout and Allegations:
Landlord changed locks in August 2022, citing non-payment of rent and property damage.
Tenant claimed unlawful re-entry, distress, defamation, and business losses due to property disrepair.
Landlord claimed rent arrears, property damage, and costs for cleaning and repairs.
Court Findings:
Re-entry: Landlord's re-entry was lawful for units with unpaid rent.
Retention of Goods: Landlord unlawfully retained Tenant’s goods; damages awarded to Tenant.
Rent Arrears: Tenant owed $19,760 in unpaid rent.
Hydro Payments: Tenant entitled to reimbursement of $1,161.23 for overpaid hydro.
Property Damage: Landlord awarded $35,590 for unit disrepair.
Damages:
Tenant awarded $20,000 for improperly retained goods and $1,161.23 for hydro, totaling $21,161.23.
Landlord awarded $55,350 for rent arrears and property damage.
Net judgment: Tenant owes Landlord $34,188.77 after offsets.
Conclusion:
The court ruled primarily in favor of the Landlord for rent arrears and property damage while also recognizing the Tenant’s claim for the unlawful retention of goods and overpaid utilities. The final judgment balanced these claims, resulting in a net payment due from the Tenant to the Landlord.