D.S. v L.I.

Tenant wins · 2019-01-22

Dispute

Maintenance

Amount

$10-20K

Landlord

L.

Tenant

D.

Landlord rep

Q.L.Y

Tenant rep

E.H

What happened

Tenant applied for an order determining that Landlord failed to meet maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The rental unit had elevated moisture levels in the basement walls, causing mold growth, which made the unit uninhabitable.

The ruling

The Landlord failed to provide the unit in a good state of repair and fit for habitation. The Tenant was justified in refusing to move in due to the mold issue. The Tenant is entitled to a 100% rent abatement and reimbursement for the second mold inspection.