Sutherland-Cote v Nicholas - Tenants Win Mold and Maintenance Case
Tenants awarded $7241 after landlord fails to address mold and moisture issues in Thunder Bay rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
174 Limbrick Street, Thunder Bay, ON P7C4S4
Decision in favor of
tenant
Balance Owed to Tenants
$7,241
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Feb 2021
Hearing Date
Dec 2023
Order Date
Feb 26, 2024
Dispute Summary
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.
Determinations
- KR was removed as a party to the applications at the March 11, 2022 hearing
- The T6 is amended in accordance with the Amended T6, and Schedules that were filed with the Board on September 20, 2021
- 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
- The Landlord's failure to meet their maintenance obligations substantially interfered with the Tenants' reasonable enjoyment of the rental unit or residential complex
Arguments and Actions
Landlord
Actions
The Landlord confirmed their awareness of the violations and their intention to fix the violations once the Tenants vacate.
Tenant
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Application Fee
$101
Total Owing
$7,241 (Owed to Tenants)
Source
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