Maintenance Dispute Dismissed: Khateeb v Effort Trust 2024
Hamilton tenants' maintenance complaint against Effort Trust dismissed by LTB
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1165 Fennell Avenue East, Hamilton, ON L8T1S3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
Feb 2024
Order Date
May 7, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord failed to meet maintenance obligations, specifically regarding a bathroom ceiling leak and bedbug infestation.
Determinations
- Landlord responded appropriately to leak
- Landlord conducted pest control inspections
- No evidence of sustained maintenance breach
Case Study
The LTB applied the Onyskiw v. CJM Property Management Ltd. principle, which requires considering the entire factual situation and whether the landlord responded reasonably to maintenance issues.
Arguments and Actions
Landlord
Arguments
Responded promptly and reasonably to maintenance issues
Actions
Conducted pest control inspections, attempted to patch ceiling leak
Tenant
Arguments
Landlord failed to meet maintenance obligations under Residential Tenancies Act
Actions
Reported bathroom leak and bedbug infestation, sought reimbursement for treatments and replacement of furniture
Decision Summary
The Tenant's application was dismissed. The Landlord was found to have responded reasonably to maintenance issues regarding a bathroom leak and potential bedbug infestation.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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