Parking Dispute and Maintenance Issues: The Effort Trust Company v Schmid 2024
LTB grants conditional relief in complex rental dispute involving parking charges and maintenance issues
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 47G McGee Ave, Kitchener, ON N2B2T1
Dispute resolved in
agreement
Balance Owed to Landlord
$1,265
Landlord Waived Amount in Agreement
$675
Condition: Rent abatement for washer/dryer issues
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Apr 2022
Hearing Date
Jun 2024
Order Date
Jul 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants filed a counter-application alleging substantial interference, harassment, and maintenance issues including parking charges, washer/dryer, and toilet malfunctions.
Determinations
- Parking charge dispute unresolved
- Washer/dryer issues caused tenant disruption
- Rent arrears of $1,734.00 confirmed
- Rent abatement of $675.00 granted
- Conditional relief from eviction granted
Case Study
The Board considered the parking charge dispute, washer/dryer issues, and toilet malfunctions under a contextual approach, finding partial merit in the Tenants' claims.
Arguments and Actions
Landlord
Arguments
Entitled to charge current market rate for parking spot
Actions
Discovered unauthorized second parking spot usage during building-wide parking audit
Tenant
Arguments
Parking charge should remain at $20/month, not $50/month
Actions
Tenants disputed parking charges and raised maintenance issues with washer/dryer and toilets
Decision Summary
Conditional relief granted. Tenants to pay $1,265.00 in arrears through monthly payments of $100.00 from August 2024 to July 2025, with a final payment of $65.00 in August 2025. Tenants must continue paying monthly rent on time.
Reason for Eviction Relief
Tenants have been making regular rent payments, and arrears resulted from a parking charge dispute
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,475
Rent Arrears
$1,734
Application Fee
$186
Rent Deposit
$1,530
Deposit Interest
$195
Other Owed Amount
$20
Administration charges
Total Owing
$1,265 (Owed to Landlord)
Source
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