Last updated: August 23, 2024
Ordered by Percy Laryea,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,071
to Tenant
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Citation: Rody v Williams and McDaniel Property Management, SWT-49928-21
File Number: SWT-49928-21
Application Date
Mar 2021
Hearing Date
Feb 2022
Order Date
Jun 16, 2022
The Landlord was found to have substantially interfered with the Tenant's reasonable enjoyment by revoking an accessible parking spot. The Landlord is ordered to pay the Tenant $1,070.77 as rent abatement and provide an accessible parking space by June 27, 2022. If the Landlord fails to comply, the Tenant is entitled to deduct 5% of the monthly rent starting July 1, 2022 until compliance.
Tenant applied for an order determining that Landlords substantially interfered with reasonable enjoyment of the rental unit by revoking an accessible parking spot that had been previously assigned to accommodate the Tenant's boyfriend's disability.
Landlord argued that there was no written application for accessible parking and that the Tenant's boyfriend was not listed on the lease agreement.
Landlord revoked Tenant's parking spot on May 1, 2020, and offered a different, less accessible spot on March 31, 2021.
Tenant argued that the Landlord's revocation of the accessible parking spot constituted a breach of section 22 of the Residential Tenancies Act.
Tenant testified that she informed building management about her boyfriend's disability and need for accessible parking on November 1, 2017.
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Lawful Rent
$975
Other Amount
$1,071
Rent abatement for revocation of accessible parking
Ordered Amount
$1,071 (to Tenant)
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