Tenant Wins Snow Removal Dispute: Del Vecchio v Harihar 2024
Tenant awarded $548 for performing snow removal duties landlord neglected
Summarized by RentZenLast updated: November 14, 2024
Case Summary
325 Westmoreland Ave N, Toronto, ON M6H3A6
Decision in favor of
tenant
Balance Owed to Tenant
$548
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Jul 2022
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet maintenance obligations, specifically snow removal in the residential complex during winter seasons.
Determinations
- Tenant proved allegations on balance of probabilities
- Snow removal responsibility falls on Landlord
- Rent abatement of $500 awarded for winter 2022-2023
- Application fee of $48 awarded
Case Study
Landlord breached maintenance obligations under section 20 of the Act by failing to remove snow from common areas during winter seasons.
Arguments and Actions
Landlord
Actions
Landlord did not respond effectively to snow removal concerns
Tenant
Arguments
Landlord failed to maintain common areas by not removing snow
Actions
Tenant removed snow in winter seasons when Landlord did not, and sought rent abatement
Decision Summary
Landlord must pay Tenant $548 for snow removal during winter 2022-2023, including $500 rent abatement and $48 application fee.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Application Fee
$48
Other Owed Amount
$500
Rent abatement for snow removal
Total Owing
$548 (Owed to Tenant)
Source
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