JP v TA

Tenant wins · 2017-05-23

Dispute

Harassment, Substantial Interference

Amount

<$5K

Landlord

T.

Tenant

J.

What happened

Tenant applied for an order determining that the Landlord or the Landlord's superintendent or the Landlord's agent harassed, obstructed, coerced, threatened or interfered with the Tenant and 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 due to second-hand smoke.

The ruling

The Landlord shall either arrange to have the air quality in the Tenant's unit and the common area tested for second-hand smoke and take reasonable steps to ensure that the air quality is within an acceptable range, or install a fan in the common area outside the Tenant's door and allow the Tenant to employ any non-invasive products the Tenant chooses to absorb second-hand smoke in the air. If the Landlord does not comply, the Tenant may deduct $50.00 per month from the rent. The Landlord shall also pay the Tenant $8.00 for the replacement of the activated charcoal and $50.00 for the filing fee.