Tenant Wins Maintenance Case: Reece v Pham 2024
Tenant awarded $3480 for landlord's failure to address water leak and maintenance issues in Etobicoke rental unit
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 138 York View Drive, Etobicoke, ON M8Z2G4
Decision in favor of
tenant
Balance Owed to Tenant
$3,480
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
May 29, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord failed to meet maintenance obligations regarding a water leak and malfunctioning washing machine, which caused water damage and mold in the rental unit.
Determinations
- Landlord failed to address washing machine overflow issue
- Landlord did not timely address water leak and potential mold
- Tenant informed landlord promptly about maintenance issues
- Landlord's response was not reasonable
Case Study
The Board considered the landlord's maintenance obligations under section 20(1) of the Residential Tenancies Act and the Court of Appeal's guidance in Onyskiw v. CJM Property Management Ltd.
Arguments and Actions
Landlord
Arguments
Claimed tenant did not communicate maintenance issues effectively
Actions
Landlord suggested tenant's insurance would cover flood damage
Tenant
Arguments
Landlord failed to address maintenance issues in a timely manner
Actions
Tenant notified landlord about washing machine and water leak issues, stopped sleeping in unit due to mold concerns
Decision Summary
Landlord ordered to pay $3,480 to Tenant as rent abatement for maintenance issues including water leak, washing machine overflow, and resulting mold damage.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$48
Total Owing
$3,480 (Owed to Tenant)
Source
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