Mahdavinader v Maniscalco - LTB Ruling on Maintenance and Damage Dispute
Landlord fails to address maintenance issues, loses bid to evict tenants in Orleans rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1155 Millwood Crt, Orleans, ON K1C3E9
Dispute resolved in
agreement
Balance Owed to Tenants
$48
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Jul 3, 2024
Dispute Summary
The Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has wilfully or negligently caused damage to the premises.
Determinations
- Landlord failed to meet maintenance obligations for air conditioning and automatic garage door
- Landlord did not prove Tenants wilfully or negligently caused damage
- Landlord's application dismissed
Arguments and Actions
Landlord
Actions
Landlord did not address issues with automatic garage door and air conditioning, and delayed addressing refrigerator issue.
Tenant
Actions
Tenants reported issues with automatic garage door, refrigerator, and air conditioning to the Landlord.
Decision Summary
The Landlord failed to meet maintenance obligations for the air conditioning and automatic garage door. The Landlord's application to terminate the tenancy and claim compensation for damage was dismissed.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,299
Application Fee
$48
Rent Deposit
$1,200
Total Owing
$48 (Owed to Tenants)
Source
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