Tenant Wins Maintenance Case: Cross v Popotia 2023
Tenant awarded $3928 after landlord fails to fix leaks in Campbellford rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 45 Front Street North, Campbellford, ON K0L1L0
Decision in favor of
tenant
Balance Owed to Tenant
$3,928
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Aug 17, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenant alleged that there were ongoing issues with leaking in the rental unit, including the ceiling collapsing in the Tenant's bedroom.
Determinations
- This was a 2 bedroom rental unit
- The monthly rent was $750.00
- The Tenant moved out of the rental unit on April 1, 2021
- There were ongoing issues with leaking in the Tenant's bedroom, including the ceiling collapsing
Case Study
The uncontested testimony and photographic evidence clearly showed that there was leaking in the Tenant's rental unit, and the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act to maintain the rental unit and comply with health, safety and maintenance standards.
Arguments and Actions
Landlord
Actions
The Landlord did not attend the hearing to make submissions and or contest the Tenant's testimony, evidence and or submissions.
Tenant
Actions
The Tenant testified that the roof leak was an ongoing issue for 7 months, and the Tenant had called the Landlord as well as sending text messages.
Decision Summary
The Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006. The Landlord shall pay the Tenant $3,928.00, which includes a rent abatement, costs to replace damaged property, and the application filing fee.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$750
Application Fee
$53
Damages
$1,800
Other Owed Amount
$50
Costs to hold water that was leaking
Total Owing
$3,928 (Owed to Tenant)
Source
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