Jashinsky v LG Investment Inc - LTB Ruling on Maintenance, Harassment, and Utilities
LTB orders landlord to pay tenants over $3000 for maintenance issues and harassment, but dismisses utilities claim
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4 Doner St, Gormley, ON L0H1G0
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2022
Hearing Date
Oct 2022
Order Date
Jun 18, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord entered the rental unit illegally, substantially interfered with their reasonable enjoyment, harassed them, and failed to meet maintenance obligations. The Tenants also applied for an order determining that the Landlord failed to meet obligations related to suite meters.
Determinations
- Tenants resided on main floor, other tenants in basement
- Tenancy began November 1, 2021, Tenants vacated July 1, 2022
- Lawful monthly rent was $2,465.00
- Landlord in breach of maintenance obligations for broken window, blinds, screens, sewage ejector pump, and garbage removal
- Landlord's repeated entries and deceit regarding March 28, 2022 entry constituted substantial interference and harassment
- Landlord's entries with accommodation for Tenant's disability and communications regarding electricity usage and renter's insurance did not constitute substantial interference or harassment
- Tenants' T7 application regarding suite meters dismissed
Case Study
The Tenants proved the allegations in the T2/T6 application on a balance of probabilities, but did not prove the allegations in the T7 application. The Landlord was in breach of maintenance obligations regarding the broken window, blinds, screens, sewage ejector pump, and garbage removal. The Landlord's repeated entries and deceit regarding the March 28, 2022 entry also constituted substantial interference and harassment. However, the Landlord's entries with accommodation for the Tenant's disability and communications regarding electricity usage and renter's insurance did not constitute substantial interference or harassment.
Arguments and Actions
Landlord
Arguments
Landlord responded reasonably to maintenance issues and communications with Tenants were pursuit of legal rights.
Actions
Landlord attended unit to address maintenance issues, hired exterminator, and communicated with Tenants about electricity usage.
Tenant
Arguments
Landlord failed to maintain rental unit, entered unit excessively, and failed to accommodate Tenant's disability.
Actions
Tenants found dead mouse, mouse droppings, and experienced sewage smell and noise from raccoons.
Decision Summary
The Tenants proved the allegations in the T2/T6 application on a balance of probabilities, and are entitled to $3,077.83 in rent abatement, reimbursement for a Freedom of Information request, application filing costs, and costs. The Tenants' T7 application regarding suite meters is dismissed.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$2,465
Source
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