Last updated: July 22, 2024
Ordered by Anita Lovrich, Khalid Akram,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenants
Ordered Amount
$661
to Tenants
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Citation: French v Auger Properties Inc, 2022 CanLII 80891 (ON LTB)
File Number: SOT-18460-20
Hearing Date
Dec 2021
Order Date
Jan 28, 2022
The Board partially upheld the Tenants' application, finding that the Landlord substantially interfered with their reasonable enjoyment due to garbage left in the backyard for 3.5 months. The Tenants were awarded a 5% rent abatement for this period, totaling $612.50. The Landlord was also ordered to pay the $48.00 application filing fee. Claims related to the hole in the wall and the mistaken text message were dismissed.
Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, substantially interfered with their reasonable enjoyment of the rental unit, and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlord was obligated to supply under the tenancy agreement.
Landlord argued that the items in the backyard were not garbage but materials belonging to the property owner.
Landlord failed to remove garbage from the backyard for 3.5 months after being notified.
Tenants argued that the garbage in the backyard, hole in the wall, and mistaken text message substantially interfered with their reasonable enjoyment of the rental unit.
Tenants complained multiple times about garbage in the backyard between May and September 2019.
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Application Fee
$48
Other Amount
$613
Rent abatement for garbage issue
Ordered Amount
$661 (to Tenants)
Click to switch between order outcomes
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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