Burk v Berkowitz and Kuran
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Burk v Berkowitz and Kuran, LTB-T-010119-24
File Number: LTB-T-010119-24
Timeline
Hearing Date
Apr 2026
Order Date
May 29, 2026
Decision
The Landlord failed to properly maintain the unit, resulting in a mice infestation, and engaged in harassment and substantial interference by threatening the Tenant and disabling laundry machines in retaliation. The Tenant was awarded rent abatement and expenses.
Dispute
Tenant claimed Landlord failed to maintain the unit regarding a mice infestation, harassed the Tenant, and substantially interfered with reasonable enjoyment through threats, retaliation, and disabling laundry facilities.
Determinations
- Landlord breached maintenance obligations by failing to address mice infestation in a timely and reasonable manner.
- Landlord harassed and substantially interfered with Tenant through a retaliatory email and by disconnecting laundry machines.
- Tenant is entitled to rent abatement for mice issues and harassment/interference.
- Administrative fine of $500.00 imposed on Landlord.
Landlord's Arguments
Arguments
Landlord argued that communications were simply attempts to exercise legal rights and that maintenance of the 110-year-old building was difficult.
Actions and Evidence
Landlord sent an email characterizing the Tenant as 'squatting' and 'working the system', and unplugged laundry machines while in use.
Considerations
Retaliatory behaviorFailure to maintain unitHarassment
Tenant's Arguments
Actions and Evidence
Tenant took proactive measures to address mice, including buying supplies and sealing entries, and communicated via email regarding the issues.
Considerations
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