Tenant Wins Maintenance Dispute: Lee v Alaie 2024
North York tenant awarded $144 after landlord fails to repair washing machine in rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
5 Carnegie Crt, North York, ON M2M1W2
Decision in favor of
tenant
Balance Owed to Tenant
$144
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Apr 12, 2024
Dispute Summary
Tenant applied for an order determining that Landlord failed to meet maintenance obligations under the Residential Tenancies Act, 2006, specifically regarding an inoperable washing machine in the rental unit.
Determinations
- Landlord failed to meet maintenance obligations under s.20(1) of the Act
- Landlord's response to maintenance issue was unreasonable
- Tenant did not cause the repair issue through willful or negligent conduct
Arguments and Actions
Landlord
Actions
Landlord told Tenant to call for warranty, then asked Tenant to pay part of repair/replacement cost. Landlord did not repair or replace washing machine for over 4 months.
Tenant
Actions
Tenant notified Landlord of washing machine issue, obtained repair assessment, and provided information to Landlord. Tenant had to do laundry at laundromat or family's house due to inoperable washing machine.
Decision Summary
Landlord failed to meet maintenance obligations by not repairing or replacing the inoperable washing machine in a timely manner. Landlord must pay Tenant $144.05 for repair assessment fee and application filing fee.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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Financial Details
Application Fee
$48
Other Owed Amount
$96
Repair assessment fee
Total Owing
$144 (Owed to Tenant)
Source
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