Tenant Wins Maintenance Dispute: Khan v Residential Property Management Services 2024
Toronto tenant awarded $439 after landlord fails to properly address maintenance issues in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 111 Davisville Avenue, Toronto, ON M4S1G5
Decision in favor of
tenant
Balance Owed to Tenant
$439
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Jul 2022
Hearing Date
Apr 2024
Order Date
Apr 29, 2024
Dispute Summary
Tenant filed an application about maintenance issues in the rental unit, including cracks and water leaks in the bathroom ceiling. The Tenant sought compensation, rent abatement, and repairs to the ceiling.
Determinations
- Landlord did not meet maintenance obligations for March 2022 issue
- Landlord responded reasonably to March 2022 issue
- Landlord breached maintenance obligations for July 2022 issue
- Tenant unable to use shower from July 13 to July 27, 2022
- Tenant unable to use shower from July 28 to August 25, 2022
Arguments and Actions
Landlord
Actions
Landlord responded to March 2022 issue by inspecting and repairing the leak. Landlord investigated July 2022 issue but did not respond in a timely manner.
Tenant
Actions
Tenant noticed cracks and water leak in bathroom ceiling in March 2022 and July 2022. Tenant was unable to use shower for periods of time due to the issues.
Decision Summary
The Landlord breached their maintenance obligations under the Residential Tenancies Act for the July 2022 issue, and the Tenant is entitled to rent abatement of $101.30 for July 13-27, 2022 and $337.68 for July 28-August 25, 2022. The Tenant's request for $5,000 in general compensation was denied.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,467
Total Owing
$439 (Owed to Tenant)
Source
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