Landlord Wins Maintenance and Harassment Case: Krywyj v Tratch 2024
Landlord prevails in Nepean rental dispute over maintenance and harassment claims
Summarized by RentZenLast updated: October 13, 2024
Case Summary
28 Parkside Crescent, Nepean, ON K2G3B5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2021
Hearing Date
Jul 2022
Order Date
Feb 29, 2024
Dispute Summary
The tenant filed two applications: one for the landlord's failure to meet maintenance obligations, and another for the landlord's illegal entry, harassment, and interference with the tenant's reasonable enjoyment. The applications were heard over multiple dates and the matter was converted to a written hearing.
Determinations
- Tenant did not prove maintenance allegations on a balance of probabilities
- Landlord made reasonable efforts to repair and maintain the rental unit
- Tenant made unreasonable demands
- Tenant did not prove harassment, illegal entry, or interference allegations on a balance of probabilities
- Landlord took active measures to resolve disputes with the tenant
Arguments and Actions
Landlord
Actions
Landlords made efforts to accommodate the tenant, including replacing the dryer, installing a handrail, and switching to unscented products. Landlords chose to stop offering rentals due to the expense of bringing the units up to code.
Tenant
Actions
Tenant self-describes as having senior living with visible and non-visible disabilities and mobility challenges. Tenant made many demands on the landlords, including to stop using scented products, replace heating equipment, and make other repairs.
Decision Summary
The tenant's applications were dismissed. The landlord made reasonable efforts to address the tenant's concerns, and the tenant's demands were found to be unreasonable. The landlord offered to provide a positive recommendation to help the tenant find a new rental.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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