Roufogalis v Riaz - Tenant Wins Maintenance Dispute Over Faulty A/C
Tenant awarded $987 rent abatement after landlord failed to timely repair faulty air conditioner
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2007 Ted Rogers Way, Toronto, ON M4Y2J4
Decision in favor of
tenant
Balance Owed to Tenant
$987
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2023
Hearing Date
Aug 2024
Order Date
Aug 21, 2024
Dispute Summary
Tenants 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, specifically regarding a faulty air conditioner.
Determinations
- Tenant proved Landlord did not fix A/C in a timely manner
- Landlord must pay rent abatement
- Landlord failed to meet maintenance obligations under RTA
Case Study
The Landlord was in breach of her duties to repair and maintain the air conditioner in a timely manner.
Arguments and Actions
Landlord
Arguments
Landlord claimed Tenant was turning the A/C on and off too frequently, causing the issues.
Actions
Landlord initially responded to fix the A/C, but then delayed further action and blamed the Tenant for the issues.
Tenant
Arguments
Tenant was entitled to call their own technician to repair the A/C after Landlord's unreasonable delay.
Actions
Tenant notified Landlord of A/C issues, provided videos and photos as evidence, and called the City for inspection.
Decision Summary
The Landlord must pay the Tenant $987.00 as a rent abatement due to the Landlord's failure to timely repair the faulty air conditioner.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$1,974
Other Owed Amount
$600
Cost of Tenant repairing A/C
Total Owing
$987 (Owed to Tenant)
Source
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