Vladimir Milenkovic v Angelo Scauzillo - LTB Case Study

Dispute Summary

The Tenant applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant, entered the rental unit illegally, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household and withheld or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlord is obligated to supply under the tenancy agreement. The Tenant further applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.

Determinations

• The unit is a one-bedroom apartment in a multi-residential complex with 28 units
• The 2-spot parking garage beneath the Tenant's apartment is part of the Tenant's unit
• The Tenant moved into the residential complex in 1986 and signed his current lease in 1991
• The lawful rent is $1,155.00, due on the 1st of each month
• The Landlord became aware of the water issue in the kitchen on July 8, 2020
• The Landlord's actions in conducting the water repairs were reasonable
• The Landlord was in breach of his maintenance and repair obligations with respect to the holes in the kitchen cupboards
• The Landlord did not enter the unit illegally after July 6, 2019
• The Landlord's actions, including the service of notices and attempts to address the parking issues, did not constitute harassment or substantial interference

Arguments and Actions