Lahaye v 1455522 Ontario Limited - LTB Ruling on Substantial Interference and Maintenance Issues
Tenant awarded $1653 for landlord's failure to address vibration issues, but other complaints dismissed
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 39 Torrens Avenue, East York, ON M4K2H9
Dispute resolved in
agreement
Balance Owed to Tenant
$1,653
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2021
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
May 10, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Tenant moved in on July 1, 1996 and moved out on April 21, 2021
- Tenant experienced ongoing vibration issues from unit below from April 2020 to April 2021
- Landlord did not investigate or address Tenant's complaints about vibration
- Tenant's claims about foot stomping and eavesdropping not proven
- Landlord failed to timely address Tenant's complaint about torn window screens
- Tenant's other maintenance claims not proven to be maintenance issues
Case Study
The Tenant proved on a balance of probabilities that she experienced an ongoing vibrational disturbance in her unit over the period from April 2020 until she vacated in April 2021, which constituted a substantial interference with her reasonable enjoyment. However, the Tenant did not prove the foot stomping or sofa bed noise substantially interfered with her enjoyment. The Tenant also did not prove the eavesdropping claim. For the maintenance issues, the Landlord failed to timely address the torn window screens, but the other claims were not proven to be maintenance issues.
Arguments and Actions
Tenant
Actions
Tenant experienced ongoing vibration issues from unit below from April 2020 to April 2021, which caused her to lose sleep. Tenant tried to mitigate the issue with rubber mats.
Decision Summary
The Tenant proved the Landlord substantially interfered with her reasonable enjoyment due to ongoing vibration issues, and the Landlord failed to timely address the torn window screens. The Tenant's other claims were dismissed. The Landlord was ordered to pay the Tenant $1,653 for rent abatement and application filing costs.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$817
Application Fee
$53
Total Owing
$1,653 (Owed to Tenant)
Source
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