Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 30, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Lay v Orange List, 2024 ONLTB 80327
File Number: LTB-T-018239-23
Application Date
Mar 2023
Hearing Date
Sep 2024
Order Date
Nov 1, 2024
The Tenant's application is dismissed. The Landlord acted reasonably in responding to the flood and completing necessary repairs, and the property was not unlivable during the restoration process.
Tenant Terri Lay applied for an order determining that the Landlord, Orange List, failed to meet its maintenance obligations under the Residential Tenancies Act, 2006. The Tenant alleged that a sewer backup caused flooding in the rental unit, and the Landlord failed to make timely repairs. The Tenant sought a two-month rent abatement.
Landlord argued it was not the proper named Landlord.
Landlord argued the flood was not foreseeable/preventable and that it acted diligently in arranging for the completion of all restoration work.
Tenant argued the Landlord failed to meet its maintenance obligations under the Act by not making timely repairs.
Tenant testified that on February 22, 2023, a portion of the rental unit was flooded due to a sewer backup, and the bedrooms were unusable for 2 months.
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