Evictly

Xu v Q Residential

Tenant wins · Hamilton · 2021-11-09

Adjudicator
Steven Mastoras
Dispute
Maintenance
Amount
<$5K
Landlord
Q.R.
Tenant
J.Y.X., D.X.
Tenant rep
Tenant Duty Counsel

What happened

Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenants testified about a serious and ongoing pest infestation in the rental unit for most of the period from October 2020 to September 2, 2021, and that the Landlord's efforts to remedy the infestations were inadequate.

The ruling

The Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Residential Tenancies Act, 2006 by failing to comply with health standards in the rental unit due to the ongoing pest infestation. The Landlord is ordered to pay the Tenants a rent abatement of $3,164.00 inclusive of a key deposit, and an additional $45.00 for the cost of filing the application, for a total of $3,209.00.