Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$11,916
to Tenants
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Citation: Stones v Hunter-Smith, 2025 ONLTB 3748
File Number: LTB-T-000865-24
Application Date
Jan 2024
Hearing Date
Dec 2024
Order Date
Jan 22, 2025
The Landlord failed to complete repairs to the rental unit in a timely manner after a flood, and also altered the locks on the rental unit without providing the Former Tenants with replacement keys. The Former Tenants are entitled to a rent differential of $4,500, $5,621.67 for contents damaged in the flood, $940.73 for storage container costs, and $757.10 for moving costs, as well as the application filing fees.
The Former Tenants applied for orders regarding the Landlord's failure to meet maintenance obligations and altering the locking system without providing replacement keys. The Landlord requested an adjournment which was denied. The Former Tenants were previously the homeowners and became tenants in the basement unit in 2017. The Landlord became the sole homeowner in 2020. There was a flood in the basement unit in 2023 which caused damage, and the Landlord did not complete the repairs in a timely manner. The Landlord also changed the locks on the basement unit in September 2023 without providing the Former Tenants with replacement keys.
The Landlord stated that she made an insurance claim and hired R & F Construction Company to perform the repairs on the basement rental unit. The Landlord testified that the insurance company paid $50,000.00 towards the repairs to the basement rental unit plus an additional $40,000 were spent by the Landlord.
The Former Tenants returned home from Florida on April 1, 2023 and were advised by the Landlord that there had been a flood in their rental unit. The Former Tenants' belongings were moved out of the rental unit and into a storage container. The Former Tenants vacated the rental unit on April 8, 2023 and moved into an Airbnb from April 10, 2023 - April 16, 2023.
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Lawful Rent
$750
Ordered Amount
$11,916 (to Tenants)
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