Landlord Wins Dispute Over Rent Deposit and Maintenance Issues: RE and MF v Landlord 2017
Tenants' claims of harassment, interference, and maintenance issues dismissed in Mississauga rental dispute
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Tenants
$50
Dispute Categories
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Timeline
Hearing Date
Jun 2017
Order Date
Jun 21, 2017
Dispute Summary
Tenants applied for a reduction in rent, an order that the landlord failed to meet maintenance obligations, and an order that the landlord collected or retained money illegally. Tenants also alleged harassment, illegal entry, interference with reasonable enjoyment, and withholding of vital services.
Determinations
- Tenancy commenced on 2016-08-04
- Monthly rent is $1,950
- Rental unit is main and upper levels of a house
- Landlord sold property on 2017-04-27, new landlord since then
- Landlord collected 6 months' rent in advance, which is not permitted under the Act
- Tenants did not prove substantial interference or harassment
- Tenants did not prove Landlord deliberately interfered with water/electricity
- Tenants did not prove entitlement to exclusive garage parking
- Tenants did not prove inadequate heat or unsafe stairs
- Tenants did not prove broken window blinds or missing electrical covers
Case Study
The Tenants failed to provide sufficient evidence to support their claims. The Landlord's testimony was found more credible. The Tenants did not take reasonable steps to minimize their losses.
Arguments and Actions
Landlord
Actions
Landlord did not receive any noise complaints from Tenants. Construction in basement unit was for 2 weeks in August 2016, then stopped until building permit was obtained in December 2016.
Tenant
Actions
Tenants vacated the rental unit on 2016-09-10 to allow construction to be completed, but noise continued 2-3 days per week. Tenants' 12-year-old son was intimidated by a construction worker who entered the unit.
Decision Summary
The Tenants' T1 application regarding excess rent is granted, and the Landlord must pay the Tenants $50 for the cost of filing the application. The Tenants' T2, T3 and T6 applications are dismissed.
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Financial Details
Lawful Rent
$1,950
Application Fee
$50
Total Owing
$50 (Owed to Tenants)
Source
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