Tenant Wins Maintenance Dispute: Franklin v Phan 2024
Ottawa tenant awarded $3101 after landlord fails to address mold and flooding issues in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
41 Fieldrow St, Ottawa, ON K2G2Y6
Decision in favor of
tenant
Balance Owed to Tenant
$3,101
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Feb 2024
Order Date
Feb 14, 2024
Dispute Summary
Tenant filed an application alleging that the landlord failed to meet maintenance obligations, resulting in mold and flooding in the basement of the rental unit. The tenant was unable to reside on the main floor due to the poor conditions and had to vacate the unit.
Determinations
- Tenant proved excess mold and flooding in basement
- Landlord failed to meet maintenance obligations under s.20(1) of RTA
- Tenant unable to reside on main floor from Oct 12, 2021 to Nov 8, 2021
Arguments and Actions
Landlord
Actions
Landlord refused to conduct repairs despite involvement of municipal bylaw officer.
Tenant
Actions
Tenant testified that the basement flooded and became unusable prior to Oct 12, 2021, and he was unable to reside on the main floor due to mold and aggravation of his asthma.
Decision Summary
The landlord failed to meet maintenance obligations, resulting in mold and flooding in the basement. The tenant was unable to reside on the main floor and had to vacate the unit. The landlord must pay the tenant $3,101.37, including a rent abatement of $2,301.37 and $800 for moving expenses.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$2,500
Total Owing
$3,101 (Owed to Tenant)
Source
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