2686250 ONTARIO INC. v D'AGUILAR - Tenant Wins Maintenance and Water Shut-off Dispute
Tenant awarded rent abatement after landlord failed to maintain building and frequently shut off water
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1475 King Street West, Toronto, ON M6K1J4
Decision in favor of
tenant
Balance Owed to Tenant
-$437
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2022
Order Date
Apr 17, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, but the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant still in possession at hearing date
- Lawful rent $1,040.39 per month, due 1st of each month
- Only amount outstanding is $186.00 application fee
Case Study
The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was in possession of the rental unit on the date the application was filed and at the time of the hearing. The lawful rent was $1,040.39 per month, due on the 1st of each month. The parties agreed that the only amount outstanding was the Landlord's application filing fee of $186.00.
Arguments and Actions
Landlord
Tenant
Arguments
Tenant raised issues pursuant to section 82 of the Residential Tenancies Act, 2006 regarding the Landlord's failure to maintain the boiler and provide adequate heat, as well as the frequent water shut-offs.
Actions
Tenant testified they felt very cold and had to sleep with lots of blankets and extra clothes due to lack of heat. Tenant was too concerned about causing a fire to use the heater the Landlord provided at night.
Decision Summary
The Landlord's application for eviction due to non-payment of rent is denied. The Landlord shall pay the Tenant $436.80, which includes an abatement of rent for issues related to the boiler fire and water shut-offs, less the $186.00 application filing fee. The Tenant may reduce their May 2023 rent by the $436.80 owed to them. If the Landlord does not pay the Tenant by May 1, 2023, the Landlord will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
Landlord breached maintenance obligations and substantially interfered with tenant's reasonable enjoyment
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,040
Application Fee
$186
Total Owing
-$437 (Owed to Tenant)
Source
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