Andonov v Morguard Corporation - LTB Ruling on Pest Maintenance Issues
Landlord ordered to pay tenant $230 rent abatement for failing to address pest issues in timely manner
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 55 City Centre Drive, Mississauga, ON L5B1M3
Decision in favor of
tenant
Balance Owed to Tenant
$230
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 7, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006 in relation to pests in the rental unit between January and March 2022.
Determinations
- Tenant proved Landlord failed to meet maintenance obligations regarding pests
- Landlord must pay Tenant $230.43 as rent abatement for March 2022
- Landlord's response time was excessive despite COVID-19 delays
- Unit was not uninhabitable, so 100% rent abatement is not appropriate
Case Study
The Landlord breached subsection 20(1) of the Act by failing to appropriately respond to the Tenant's complaints about pests in a timely manner. While the Landlord faced delays due to the COVID-19 pandemic, the response time was still excessive.
Arguments and Actions
Landlord
Arguments
Landlord argued the unit was fit for habitation and there was no order indicating the unit was in violation of health, safety, housing, or maintenance standards. Landlord also argued the Tenant did not attempt to minimize any losses as required under the Act.
Actions
Landlord's agent testified they became aware of a leak in the main drain and had to open up units to access the main stack, then temporarily sealed the gaps using plumbing material. Landlord's agent also testified they experienced significant delays in securing trades due to COVID-19 lockdown.
Tenant
Actions
Tenant testified they first became aware of rodents on the night of January 7, 2022 and set up traps the next day. Tenant made Landlord aware verbally on January 8 or 9, 2022 and in writing on January 27, 2022.
Decision Summary
Landlord must pay Tenant $230.43 as rent abatement for March 2022 due to failure to address pest issues in a timely manner. Tenant's request for 100% rent abatement is excessive.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Total Owing
$230 (Owed to Tenant)
Source
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