Cavaliere v Kogon - Tenant Wins Maintenance Dispute at LTB

Dispute

Determinations

The application is amended to add the second named Landlord as party to the application.
The rental unit is the upper level of a single family home.
The tenancy began around July 1, 2022.
The lawful monthly rent is $1,500.00.
The Tenant continues to reside in the rental unit.
The Tenant proved on a balance of probabilities some of the allegations contained in the application.
The Tenant filed a T6 application on September 16, 2022 claiming that the Landlords have breached their maintenance obligations.
The Board does not have jurisdiction to award a remedy that is not identified in the application.
The Landlords failed to comply with disclosure requirements and the Tenant did not have a reasonable amount of time to review and prepare.
The Tenant said the issues related to the toilet, bathroom and kitchen sinks and the flying ants are no longer items needing to be addressed by the Landlords.
The Tenant testified that the Landlords agreed to remove garbage left by the previous tenants but have not removed a table, fridge and broken ladder from the common space.
The Tenant said the overflow drain cover is missing and the screws are broken, and the Landlords did not return to fix it.
The Tenant reported rodent activity to the Landlords around July 2022 and multiple times following, but the Landlords did not investigate or remediate the issue.
The Landlords stated the garbage items in the common area do not pose any issue to the Tenant, and they feel intimidated by the Tenant and are not comfortable entering the rental unit.
The Landlords advised the Tenant to place mouse traps and that her cleanliness may be at issue, but did not provide evidence of attempts made to remedy the rodent issue.
The Landlords' responsibility is triggered as soon as they know or ought to have known about the problem, and they cannot shield themselves from responsibility by feeling intimidated.
The Tenant led insufficient evidence to establish that the Landlords are in breach of their maintenance obligations with respect to the garbage in the common area.
The Landlords failed to provide evidence that they responded to the Tenant's complaints about the bathtub overflow drain and rodents in a timely and reasonable manner, and are in breach of the Act.
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