Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 30, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$48
to Tenants
Agree with the ruling?
Citation: Taboika v Patel, 2025 ONLTB 3518
File Number: LTB-T-097337-24
Hearing Date
Dec 2024
Order Date
Jan 15, 2025
The Landlord failed to maintain the minimum prescribed temperatures of 21 degrees Celsius in the rental unit. The Landlord must pay compensation to the Tenants and shall be directed to maintain the temperatures at the minimum legal temperature. The Landlord shall retain a certified HVAC technician to determine if the current system is capable of pushing sufficient heat to the unit and make any necessary repairs or upgrades. The Landlord shall pay a fine of $5,000 to the Board.
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 key issue was the Landlord's failure to maintain the minimum prescribed temperatures of 21 degrees Celsius in the rental unit.
Landlord suggested that the Board should consider the totality of the circumstances of the tenancy, not just this T6 application in isolation, and that the Tenants are trying to extract an illegitimate financial benefit from the Landlord.
Landlord testified that they reside in the 2 basement units with their 18month twins, their mother and their sister. Landlord stated that they believe the tenant in unit 3 is tampering with the thermostat and affecting the heat in unit 4.
Landlord witness was present in hearing room as observer and was not permitted to testify. Landlord failed to call Bylaw officer or HVAC technician as witnesses.
Deliberately blocked open the exterior door and opened the screen window to worsen the heat situation
Tenants advised the Landlord about the lack of adequate heat on November 13, 2024. Prior to that, they had attempted to work with the tenant in unit 3 to raise the temperature. Tenants used 2 portable heaters but were rarely able to get the temperatures above 21 degrees Celsius.
Need assistance from an expert?
Lawful Rent
$1,595
Application Fee
$48
Administrative Fine Payable to LTB
$5,000
Ordered Amount
$48 (to Tenants)
Fine Payable By: Landlord
Click to switch between order outcomes
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.
Landlord wins LTB case against Mississauga tenants for non-payment of rent, tenancy terminated and tenants ordered to pay over $13,000.
Toronto tenant faces eviction for non-payment of $5,436 in rent arrears.
