Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,961
to Tenant
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Citation: DEXTER v TRAN AVENUE HOLDINGS, 2024 ONLTB 28706
File Number: LTB-T-070308-22
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 25, 2024
The Landlord failed to meet its maintenance obligations under the Act, and must pay the Tenant a rent abatement of $1,913.16 and the $48 application filing cost, for a total of $1,961.16. The Landlord must pay the full amount by May 6, 2024, after which interest will accrue.
Tenant applied for an order determining that Landlord failed to meet maintenance obligations under the Residential Tenancies Act, 2006. Tenant had two service dogs, one of which contracted leptospirosis, which the Tenant alleged was due to the presence of raccoons and poor garbage/recycling bin conditions on the property. Tenant also reported witnessing raccoons on the property and provided video evidence.
Landlord argued Tenant's dog's illness could not be definitively linked to conditions on the property, and that Tenant may have contributed to issues through her own actions.
Landlord acknowledged presence of rats, skunks, and raccoons in the area, and that it spends $10,000 annually on pest control services. Landlord replaced damaged garbage bins but did not adequately address pest issues.
Tenant argued Landlord failed to meet maintenance obligations under the Act, leading to unsafe conditions that contributed to her dog's illness.
Tenant witnessed raccoons on the property, including one that hissed and swiped at her. Tenant's dog contracted leptospirosis twice, requiring veterinary treatment.
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Lawful Rent
$2,350
Application Fee
$48
Ordered Amount
$1,961 (to Tenant)
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