Arambalis v Goersch
Tenant wins · Etobicoke · 2025-05-01
- Adjudicator
- Mayra Sawicki
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- B.A.
- Tenant
- D.G.
What happened
The Landlord applied to evict the Tenant for non-payment of rent. The Tenant attended the hearing, did not dispute the arrears but claimed he withheld rent due to maintenance issues, specifically a lack of hot water since winter. The Tenant was not permitted to raise other issues under section 82 due to a procedural failure. The Board found the Landlord was in serious breach of the Act by withholding hot water, and therefore denied the eviction but ordered the Tenant to pay the outstanding arrears.
The ruling
The Landlord's application to evict the Tenant for non-payment of rent was denied because the Board found the Landlord was in serious breach of her obligations under the Act by failing to provide hot water. The Tenant was ordered to pay the Landlord $14,291.00, which includes rent arrears up to April 30, 2025, and the application fee.