Tenants Win Maintenance Dispute: Bourdages v Kauffman 2024
Thornhill tenants awarded $17548 for landlord's failure to address rat infestation and water damage/mold issues
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 258 Conley St, Thornhill, ON L4J2Z5
Decision in favor of
tenant
Balance Owed to Tenants
$17,548
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2022
Hearing Date
Jun 2023
Order Date
Jan 8, 2024
Dispute Summary
Tenants applied for an order determining that Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006, including issues with rat infestation and water damage/mold.
Determinations
- Tenants proved rat infestation and water damage/mold allegations
- Landlords failed to meet maintenance obligations under the Act
- Landlords failed to comply with health, safety, and/or housing and maintenance standards
Case Study
The Tenants proved on a balance of probabilities the allegations of rat infestation and water damage/mold. The Landlords failed to meet their maintenance obligations under the Act and failed to comply with health, safety, and/or housing and maintenance standards.
Arguments and Actions
Tenant
Actions
Tenants provided evidence and testimony on rat infestation, water damage, and mold issues in the rental unit.
Decision Summary
The Landlords must pay the Tenants $17,548, which includes a $16,800 rent abatement and $700 for the Tenants' out-of-pocket expenses. The Landlords must also hire a professional rat extermination company for 3 months by April 1, 2024 and rectify the mold and water damage by May 31, 2024. If the Landlords do not comply, the Tenants can arrange the work and deduct the cost from the rent.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Application Fee
$48
Other Owed Amount
$700
Tenants' out-of-pocket expenses for rat treatment
Total Owing
$17,548 (Owed to Tenants)
Source
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