Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$7,241
to Tenants
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Citation: Sutherland-Cote v Nicholas, 2024 ONLTB 12308
File Number: LTB-T-072562-22
Application Date
Feb 2021
Hearing Date
Dec 2023
Order Date
Feb 26, 2024
The Landlord's application to terminate the tenancy for the Landlord's own use is dismissed. The Landlord failed to meet the Landlord's maintenance obligations under the Act and failed to comply with housing and maintenance standards, which substantially interfered with the Tenants' reasonable enjoyment of the rental unit or residential complex. The Landlord is ordered to pay the Tenants $7,241.00 and to remediate the mould and moisture issues in the residential complex.
The Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations, substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with the Tenants. The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the Landlord's father.
The Landlord confirmed their awareness of the violations and their intention to fix the violations once the Tenants vacate.
The Tenants say that shortly after moving into the rental unit in 2017, they began to feel sick and began noticing excessive moisture and visible toxic black mould in the rental unit.
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Application Fee
$101
Ordered Amount
$7,241 (to Tenants)
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