Canuel v Tucciarone - Landlord Ordered to Pay Tenant $623 for Backyard Maintenance Breach
Landlord ordered to pay tenant $623 for failing to timely remove fallen trees and brush from shared backyard
Summarized by RentZenLast updated: October 13, 2024
Case Summary
563 Chamberlain St, Peterborough, ON K9J4L6
Decision in favor of
tenant
Balance Owed to Tenant
$623
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Jul 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenant filed an application alleging that the Landlord failed to meet the maintenance obligations under the Residential Tenancies Act, 2006 by not removing fallen trees and brush from the backyard in a timely manner, making the backyard unusable.
Determinations
- Tenant proved Landlord breached s. 20(1) of the Act by failing to remove fallen trees and brush from backyard in timely manner
- Tenancy began August 1, 2021 and ended September 1, 2023
- Rent was $575/month
- Tenant filed application on April 30, 2023
- Rental unit was a bedroom in a detached house, with shared common areas including backyard
Case Study
The Board found that the Landlord breached section 20(1) of the Act by failing to remove the fallen trees and brush from the backyard in a timely manner, making the backyard unusable for the tenants. The Board determined that a 6-month wait for a reaction and a 13-month period from when the trees fell to when the brush was cleared was unreasonable under the circumstances.
Arguments and Actions
Landlord
Actions
Landlord testified that only one tree fell, but four other trees needed to be removed at a cost of $5,000 per tree. Landlord hired a company to remove brush but they withdrew from the agreement.
Tenant
Actions
Tenant testified that fallen trees and debris made backyard unusable, prevented use of fire pit, furniture, and storage of kayak.
Decision Summary
The Landlord shall pay the Tenant $623.00, which includes a $575.00 rent abatement for the period the backyard was unusable due to the fallen trees and brush, and the $48.00 application fee. If the Landlord does not pay the full amount by September 9, 2024, the Landlord will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$575
Application Fee
$48
Total Owing
$623 (Owed to Tenant)
Source
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