Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$186
to Landlord
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Application Date
Jul 2023
Hearing Date
Sep 2024
Order Date
Oct 24, 2024
The Landlord's L1 application is dismissed as the Tenants have paid the outstanding rent arrears. The Tenant's T6 application is also dismissed as the evidence does not show the Landlord breached their maintenance obligations under the Act.
Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Tenants also applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards.
The damages to the Tenant's vehicle were not due to the Landlord's negligence or failure to maintain the residential complex, but rather due to an unforeseen windstorm.
Landlord's superintendent testified that the Landlord does routine maintenance on the residential complex, including landscaping and removing dead trees. The Landlord was not notified of any concerns about the tree prior to the incident.
Landlord failed to maintain the trees in the common areas of the residential complex, leading to the damage to the Tenant's vehicle.
Tenant's vehicle was damaged by a large branch falling off a tree in the parking lot. Tenant paid $1,000 insurance deductible to repair the damage.
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Lawful Rent
$1,134
Rent Arrears
$1,000
Application Fee
$186
Damages
$1,000
Ordered Amount
$186 (to Landlord)
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