Properties v Mamann - LTB Ruling on Maintenance and Rent Arrears
Landlord's eviction bid denied, tenant awarded rent abatement for unaddressed maintenance issues
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1 317, Toronto, ON M5R2Y2
Dispute resolved in
agreement
Balance Owed to Landlord
$2,202
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Order Date
Mar 22, 2024
Hearing Date
Nov 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant also applied for an order determining that the Landlord failed to meet the maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,986.31 per month
- Tenant has not made any payments since application filed
- Tenant complained about maintenance issues since 2016
- Landlord did not adequately address noise and air conditioning issues
- Tenant paid for soundproofing and new air conditioning unit
- Tenant's claim for bathroom vanity repair is beyond 1-year limitation
Arguments and Actions
Landlord
Arguments
Landlord sought an order to terminate the tenancy and evict the Tenant due to non-payment of rent.
Actions
Landlord alleged that the Tenant was using the rental unit as an Airbnb without permission.
Tenant
Arguments
Tenant argued that the Landlord failed to meet maintenance obligations and substantially interfered with the reasonable enjoyment of the rental unit.
Actions
Tenant vacated the rental unit on September 8, 2022, without paying full rent arrears.
Decision Summary
The Landlord's application for eviction was denied, but the Tenant was ordered to pay the remaining rent arrears of $2,201.70 in three installments by June 1, 2024. If the Tenant fails to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant was awarded a rent abatement of $22,289.09 for the Landlord's failure to address maintenance issues.
Reason for Eviction Relief
Landlord failed to adequately address maintenance issues
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$2,986
Rent Arrears
$24,491
Total Owing
$2,202 (Owed to Landlord)
Source
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