Jetha v Fontana

Tenant wins · Toronto · 2021-11-24

Adjudicator

Ian Speers

Dispute

Substantial Interference

Amount

<$5K

Landlord

K.F.

Tenant

H.J.

What happened

Tenant applied for an order determining that Landlord 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. The core issue was that the Landlord replaced a window in the Tenant's living room with a sealed window that could not be opened, which reduced ventilation and the Tenant's ability to cool the unit.

The ruling

The Landlord shall pay the Tenant a rent abatement of $510 and the $48 application fee, for a total of $558, by December 5, 2021. If the Landlord does not pay by that date, the Tenant will be owed simple interest at 2% annually on the outstanding balance.