Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 30, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$2,748
to Tenants
Agree with the ruling?
Application Date
Sep 2023
Hearing Date
Oct 2024
Order Date
Nov 11, 2024
The Landlord must pay the Tenants $2,795.92 for a rent abatement and costs. The Tenants proved the Landlord failed to meet its maintenance obligations under the Act by not promptly and reasonably addressing the issue of the plant/tree growing in the rental unit.
Tenants applied for an order determining that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The issue was a plant/tree growing from the baseboards in one of the rental unit's rooms.
Landlord argued a 5% rent abatement would be appropriate, not 50% as requested by Tenants.
Landlord initially removed plant and caulked baseboard, but plant kept growing back. Landlord's correspondence to Tenants was dismissive and antagonizing.
Tenants noticed plant growing through baseboard in July 2022 and reported it to Landlord. Plant grew to 4-5 feet tall and continued to grow back after being removed.
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Lawful Rent
$2,011
Application Fee
$48
Ordered Amount
$2,748 (to Tenants)
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