Tenant Wins Maintenance Dispute: Gabsis v Ly 2023
Ottawa tenant awarded $3067 rent abatement for landlord's failure to address maintenance issues in rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
804 Bank Street, Ottawa, ON K1V0N1
Decision in favor of
tenant
Balance Owed to Tenant
$3,068
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
May 2023
Order Date
Oct 12, 2023
Dispute Summary
Tenant filed an application alleging that the landlord failed to meet maintenance obligations under the Residential Tenancies Act, 2006. The issues included a broken air conditioning unit, kitchen sink leak, leaking shower head and bathtub faucet, balcony door gap and broken handle, loose ceiling fan, and dirty air vents.
Determinations
- Tenant moved in August 2013, rent is $804/month
- Issues included broken AC, kitchen sink leak, leaking shower/faucet, balcony door gap, loose ceiling fan, folding kitchen door
- Landlord unaware AC was their responsibility, told tenant to move out if unhappy
- Landlord delayed addressing issues until almost a year later
- Tenant responsible for cleaning air filters, not landlord's duty
- Ceiling fan issue not a section 20 breach
Case Study
The Landlord was found in breach of their maintenance obligations with respect to the air conditioning unit, kitchen sink leak, shower head and bathroom faucet leak, and folding kitchen door. The Tenant was responsible for ordinary cleanliness of the air filters. The issues with the ceiling fan did not fall under section 20 of the Act.
Arguments and Actions
Tenant
Actions
Tenant notified landlord about issues, landlord told tenant to move out if unhappy
Decision Summary
The Landlord is ordered to pay the Tenant $3,067.68 as a rent abatement for the maintenance issues. The full amount must be paid by October 23, 2023, after which interest will accrue.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$804
Other Owed Amount
$3,068
Rent abatement
Total Owing
$3,068 (Owed to Tenant)
Source
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