Tenant Wins Maintenance and Water Shutoff Case: 2686250 ONTARIO INC. v VONKULMIZ
Tenant wins case against landlord over maintenance issues and frequent water shutoffs in Toronto rental unit
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 Landlord
$186
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Apr 2022
Order Date
Apr 13, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant raised issues under section 82 of the Residential Tenancies Act, 2006 regarding maintenance issues and water shutoffs.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant still in possession on July 5, 2022
- Lawful rent is $845.58 due on 1st of each month
- Tenant paid all arrears up to July 31, 2022
- Only outstanding amount is $186 application fee
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the arrears. The Tenant raised issues under section 82 regarding maintenance issues with the boiler and water shutoffs, which the Board found to be substantial interference with the Tenant's reasonable enjoyment of the rental unit.
Arguments and Actions
Tenant
Arguments
Tenant raised issues under section 82 of the Residential Tenancies Act, 2006 regarding maintenance issues and water shutoffs.
Actions
Tenant was without heat for a period of time due to boiler issues and experienced multiple water shutoffs, which caused substantial interference with their reasonable enjoyment of the rental unit.
Decision Summary
The Landlord's application for eviction is denied as there are no outstanding rent arrears. The Landlord is ordered to pay the Tenant $320.19, which includes an abatement of rent for maintenance issues and water shutoffs. The Tenant may deduct this amount from the May 2023 rent.
Reason for Eviction Relief
Tenant did not owe any rent arrears
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
$846
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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