Tenant Wins Maintenance Dispute: John v Singh 2024
Tenant awarded $2808 after landlord failed to properly address water leak and flood in York rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 83 Clearview Hts, York, ON M6M2A3
Decision in favor of
tenant
Balance Owed to Tenant
$2,808
Dispute Categories
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Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 26, 2024
Dispute Summary
Tenant applied for an order determining that Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The application related to a water leak and flood in the rental unit.
Determinations
- Tenant proved allegations of flood damage and resulting damage to belongings
- Landlord must pay Tenant $2,808.36 for rent abatement, replacement of destroyed property, out-of-pocket costs, and application filing fee
Arguments and Actions
Landlord
Arguments
Landlord's representative submitted that there is no evidence to prove the unit was rendered uninhabitable and that it was the Tenant who caused the unit to be uninhabitable by removing the tiles.
Tenant
Actions
Tenant moved pantry, stove, and fridge to dry area of living room and hallway due to flood. Tenant could not use kitchen, living room, and had difficulty accessing hallway.
Decision Summary
Landlord must pay Tenant $2,808.36 for rent abatement, replacement of destroyed property, out-of-pocket costs, and application filing fee. If Landlord does not pay by June 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$916
Application Fee
$48
Total Owing
$2,808 (Owed to Tenant)
Source
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