Tenants Win Maintenance Dispute: Sarvos v Hazelview Properties 2023
Tenants awarded $2226 after Landlord fails to address maintenance issues in Hamilton rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 175 Hunter Street, Hamilton, ON L8P1R4
Decision in favor of
tenant
Balance Owed to Tenants
$2,226
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
Mar 2023
Order Date
Oct 24, 2023
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. The issues were related to a beeping fridge and cockroach infestation.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2022-09-08
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Landlord was in breach of section 20(1) of the Residential Tenancies Act, 2006 for failing to address the cockroach infestation in a timely manner. The Tenants were diligent in making the Landlord aware of the issue and the Landlord's attempts to resolve it were unsuccessful. The Tenants are entitled to an abatement of rent as a remedy.
Arguments and Actions
Landlord
Arguments
The Landlord argued that some pest activity is normal in a 20-story building.
Actions
The Landlord conducted multiple pest control treatments, but was unable to resolve the cockroach infestation.
Tenant
Arguments
The Tenants were entitled to a pest-free rental unit under the Residential Tenancies Act, 2006.
Actions
Tenants notified the Landlord of the beeping fridge and cockroach issues, and allowed the Landlord to conduct multiple treatments, but the issues persisted.
Decision Summary
The Landlord is ordered to pay the Tenants $2,225.93 for abatement of rent and costs. If the Landlord does not pay the full amount by November 4, 2023, the Landlord will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,615
Application Fee
$45
Total Owing
$2,226 (Owed to Tenants)
Source
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