Tenant's Maintenance and Money Claims Dismissed: Lara Sosa v Medallion Corporation 2024
Tenant's claims about cockroaches and rent reimbursement dismissed by LTB, landlord's pest control actions deemed reasonable
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 545 Sherbourne St, Toronto, ON M4X1W5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenant filed T1 and T6 applications alleging illegal money retention and failure to meet maintenance obligations due to cockroach infestation in rental unit. Tenant did not move into unit after discovering pests and returned keys.
Determinations
- Tenancy began on June 1, 2023
- Tenant found cockroaches on June 2, 2023
- Landlord initiated pest control treatment
- Landlord re-rented unit on July 15, 2023
Case Study
Court considered contextual approach in determining maintenance obligations, focusing on reasonableness of landlord's response to pest issue.
Arguments and Actions
Landlord
Arguments
Satisfied maintenance obligations, responded reasonably to pest issue
Actions
Immediately included tenant in weekly pest control treatment, preventatively treated unit on June 12, 2023
Tenant
Arguments
Requested return of last month's rent and first month's rent due to maintenance issues
Actions
Discovered cockroaches on June 2, 2023, sent maintenance notice with photos and videos, decided not to move in
Procedural Errors
Did not give proper notice as required under section 47
Decision Summary
Both T1 and T6 applications dismissed. Tenant not entitled to further reimbursement. Landlord's pest control actions deemed timely and reasonable.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,650
Rent Deposit
$1,650
Other Owed Amount
$905
Pro-rated rent reimbursement
Source
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