Tenant Wins Maintenance and Vital Services Case: Krizon v Lu 2023
Tenant awarded $2522 after LTB finds landlord failed to address maintenance issues and withheld vital services in St. Catharines rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 31 Page Street, St Catharines, ON L2R4A6
Decision in favor of
tenant
Balance Owed to Tenant
$2,522
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
May 2023
Order Date
Sep 20, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex, withheld or deliberately interfered with the reasonable supply of a vital service, and failed to meet the Landlord's maintenance obligations.
Determinations
- Tenant's application amended per Rule 15.1
- Rental unit is a room with shared common areas
- Tenancy commenced on April 1, 2021
- Landlord or their family do not live in the house
- Tenant moved out on May 1, 2022
- Monthly rent was $550.00
- Landlord failed to address maintenance issues
- Insufficient evidence of rat infestation
- Landlord breached maintenance obligations
- Landlord withheld vital services (heat and hot water)
- Landlord failed to address behavioral issues of other tenants
Case Study
The Landlord's response to the multiple maintenance issues raised by the Tenant was not reasonable in the circumstances. The Landlord failed to reasonably address issues such as cockroach infestation, broken stove, non-functioning windows and washing machine, holes in the walls, and roof leaks. The Landlord also withheld vital services by failing to provide heat and hot water to the Tenant. Additionally, the Landlord failed to address behavioral issues with other tenants and their guests, which substantially interfered with the Tenant's reasonable enjoyment of the rental unit.
Arguments and Actions
Tenant
Actions
Tenant informed Landlord about maintenance issues, but Landlord did not address them.
Decision Summary
The Landlord failed to reasonably address maintenance issues, withheld vital services, and failed to address behavioral issues of other tenants, substantially interfering with the Tenant's reasonable enjoyment of the rental unit. The Tenant is awarded a rent abatement of $2,090, out-of-pocket expenses of $432, and the Landlord is ordered to pay an administrative fine of $500 to the LTB.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$550
Administrative Fine Payable to LTB
$500
Other Owed Amount
$2,090
Rent abatement
Total Owing
$2,522 (Owed to Tenant)
Fine Payable By: Landlord
Source
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