Dexter v Tran Avenue Holdings - LTB Ruling on Maintenance Issues
Tenant awarded rent abatement after landlord fails to address pest and garbage bin issues at Toronto rental property
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1203 Avenue Rd, Toronto, ON M5N2G3
Decision in favor of
tenant
Balance Owed to Tenant
$1,961
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Apr 25, 2024
Dispute Summary
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.
Determinations
- Tenant proved allegations on a balance of probabilities
- Landlord must pay Tenant rent abatement and application filing cost
- Tenant moved in on 2019-05-01, moved out on 2021-02-28
- Tenant's dog contracted leptospirosis twice, in September 2020 and October 2021
- Tenant notified Landlord of issues with raccoons, garbage bins in poor condition
- Landlord replaced bins but did not adequately address pest issues
- Tenant felt unsafe, had to take extra measures due to concerns
Case Study
The Landlord failed to meet its obligations under subsection 20(1) of the Act to repair or maintain the residential complex and failed to comply with health, safety, housing or maintenance standards. While the Tenant's dog's leptospirosis infection could not be definitively attributed to the property, the Landlord's failure to adequately address the pest and garbage bin issues was a breach of its maintenance obligations.
Arguments and Actions
Landlord
Arguments
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.
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
Arguments
Tenant argued Landlord failed to meet maintenance obligations under the Act, leading to unsafe conditions that contributed to her dog's illness.
Actions
Tenant witnessed raccoons on the property, including one that hissed and swiped at her. Tenant's dog contracted leptospirosis twice, requiring veterinary treatment.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$2,350
Application Fee
$48
Total Owing
$1,961 (Owed to Tenant)
Source
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