Last updated: November 20, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Monies to be paid
-
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
Jul 2024
Order Date
Nov 6, 2024
The Tenant's application is dismissed as the Tenant did not prove the allegations contained in the application on a balance of probabilities. The work carried out by the Landlord was not unreasonable in relation to the work that was being carried out.
Tenant applied for an order determining that Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household due to excessive noise from construction in the building, namely the replacement of balconies.
Landlord's agent testified that the balcony replacement took place in a timely manner with no major delays. Landlord's witness testified that she delivered the December 3, 2021 notice advising tenants of the upcoming balcony replacement work by placing a copy of the notice through the mail slot in each tenant's door.
Tenant stated that she would have thought twice about entering into the lease if she had been aware of the upcoming construction. Tenant stated that she sometimes would sit on the floor in her closet while on phone calls for work to mitigate the noise from the construction. Tenant admitted that she did not follow up with the Landlord regarding the alternative workspace that was offered to tenants.
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