Lozinsky v Caragiannis - LTB Ruling on Noise Dispute and Rent Overpayment
Tenants awarded rent refund in York noise dispute case, but landlord not found in breach of maintenance obligations
Summarized by RentZenLast updated: September 12, 2024
Case Summary
222 Mortimer Ave East, York, ON M4J2C5
Dispute resolved in
agreement
Balance Owed to Tenants
$1,998
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2022
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jun 5, 2023
Dispute Summary
Tenants applied for an order determining that the Landlord failed to meet maintenance obligations by failing to maintain the flooring in the rental unit above their unit, causing excessive noise. Tenants also sought an order for overpayment of one month's rent.
Determinations
- Landlord informed of noise issue on January 1, 2022
- Tenancy terminated on January 31, 2022
- Tenants overpaid one month's rent
Case Study
The Landlord was not given adequate time to reasonably address the noise issue before the tenancy was terminated. The Tenants overpaid one month's rent, which the Landlord must refund.
Arguments and Actions
Landlord
Actions
Landlord investigated noise issue but could not find a solution. Landlord claimed to have offered to have contractors assess the issue.
Tenant
Actions
Tenants informed Landlord of noise issue on January 1, 2022 and terminated tenancy on January 31, 2022 due to unbearable noise.
Decision Summary
The Landlord did not breach maintenance obligations as they were not given adequate time to address the noise issue before the tenancy was terminated. The Tenants overpaid one month's rent, which the Landlord must refund.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,950
Application Fee
$48
Rent Deposit
$1,950
Total Owing
$1,998 (Owed to Tenants)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.