Tenants Win Maintenance Dispute: Martinez v Williams 2024
Tenants awarded $4800 from landlord for failing to address maintenance issues in East York rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
15 Galbraith Ave, East York, ON M4B2B4
Decision in favor of
tenant
Balance Owed to Tenants
$4,848
Dispute Categories
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2021
Hearing Date
Jun 2024
Order Date
Jul 11, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit and failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Tenants proved allegations on a balance of probabilities
- Landlord must pay Tenants $4,800.00
- Claims relating to events before June 23, 2020 are barred by one-year limitation period
- Tenants did not pursue claim about basement toilet and upstairs window
- Microwave not working, bathtub motor not working, crack in living room window, yard debris, and mold in shower
- Landlord breached obligations under section 20 of the Act and failed to remedy issues
- Tenants entitled to rent abatement of $4,800.00
- Harassment claim dismissed due to lack of evidence
Decision Summary
The Tenants proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenants $4,800.00 for a rent abatement due to the disrepair issues in the rental unit.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$2,000
Application Fee
$48
Total Owing
$4,848 (Owed to Tenants)
Source
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