Moylan v Perusini

Tenant wins · Toronto · 2022-02-07

Adjudicator

E. Patrick Shea

Dispute

Substantial interference, Maintenance

Amount

$5-10K

Landlord

D.P.

Tenant

P.M., R.T.

Landlord rep

Bita Di Lisi

Tenant rep

Daniel English

What happened

Tenants filed applications against Landlord for failing to meet maintenance obligations, substantially interfering with reasonable enjoyment, and failing to give right of first refusal after repairs. The dispute arose from a flood caused by a collapsed sewer, requiring Tenants to vacate for repairs that took six months to complete.

The ruling

The Landlord is ordered to pay the Tenants $7,433.78, comprising $6,903.51 for out-of-pocket expenses, $477.27 for rent abatement, and $53.00 for application filing fees. The Landlord breached obligations under the Residential Tenancies Act by failing to complete repairs in a reasonable time and substantially interfering with the Tenants' reasonable enjoyment of the rental unit.