Tenant Wins Maintenance Dispute: LANGLOIS v PANORAMIC PROPERTIES INC 2024
Sudbury tenant awarded $3053 after landlord failed to timely repair water damage to rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
507 Nesbitt Drive, Sudbury, ON P3E0H4
Decision in favor of
tenant
Balance Owed to Tenant
$3,053
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
May 2022
Hearing Date
May 2024
Order Date
Jun 13, 2024
Dispute Summary
Tenant filed an application alleging that the Landlord failed to maintain the rental unit in a good state of repair regarding water damage to the wooden floors in the dining room area.
Determinations
- Tenant proved the Landlord failed to maintain the rental unit in a good state of repair regarding water damage to the wooden floors in the dining room area.
- Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act to maintain the rental unit in a good state of repair.
- Landlord did not take action in a reasonable time after being made aware of the maintenance concerns.
Case Study
The LTB should take a contextual approach and consider the entirety of the factual situation in determining whether there was a breach of the landlord's maintenance obligations, including whether the landlord responded to the maintenance issue reasonably in the circumstances.
Arguments and Actions
Landlord
Actions
Landlord's agent testified that during the period of the Tenant's maintenance issue, the Landlord was facing employee shortage due to COVID-19 and materials were scarce and hard to source. Landlord respected the Tenant's request for no maintenance while he was away for 4 months.
Tenant
Actions
Tenant submitted emails to the Landlord on September 20, 2021 and October 29, 2021 regarding the maintenance issue, but received no reply. Tenant was unable to use the dining room for almost 11 months and his living room was compromised.
Decision Summary
The Landlord must pay the Tenant $3,053.00 by June 17, 2024 for failing to maintain the rental unit in a good state of repair regarding water damage to the wooden floors in the dining room area.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$2,250
Application Fee
$53
Total Owing
$3,053 (Owed to Tenant)
Source
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