Foley v Wach

Tenant wins · Oshawa · 2022-10-12

Adjudicator

Harry Cho

Dispute

Breach of Conditions, Maintenance, Substantial Interference

Amount

<$5K

Landlord

B.F., F.S.

Tenant

L.M.W.

Landlord rep

Wazchma Afzaly

What happened

The Former Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order. The Tenant filed a motion to set aside the eviction order and also applied for an order regarding the Former Landlord's failure to meet maintenance obligations and harassment.

The ruling

The ex parte eviction order was set aside as the Tenant did not breach the previous order. The Landlord was found to have failed to meet maintenance obligations and substantially interfered with the Tenant's reasonable enjoyment, and was ordered to pay a $1,745 rent abatement and complete repairs to the screen door and ceiling.