Batig v Vasylenko

Landlord wins · Niagara Falls · 2025-10-14

Adjudicator

Fabio Quattrociocchi

Dispute

Damage to Property, Maintenance, Non-payment of Rent, Tenant Rights

Amount

<$5K

Landlord

A.B.

Tenant

P.V., I.S.

Landlord rep

Zachary Soccio-Marandola

What happened

The Landlord applied for rent arrears, utilities, and damages after the Tenants vacated early from a fixed-term lease. The Tenants cross-applied for maintenance issues and substantial interference, claiming the Landlord's failure to maintain the property forced them to move. The Board found the Tenants liable for rent until the unit was re-rented and for ceiling damage caused by using a leaking dishwasher despite warnings. While some maintenance issues were acknowledged, they were not found to be severe enough to justify early termination or rent abatement.

The ruling

The Former Tenants are ordered to pay the Landlord $4,576.55. This includes rent arrears for the period they vacated without proper notice, utility charges, and $1,412.50 for water damage to the basement ceiling. The amount is offset by the Tenants' security deposit, interest, and a small credit for a T6 application filing fee as the Landlord was found in minor breach of maintenance obligations.