Bunn v Gambhir
Landlord wins · Niagara Falls · 2025-07-22
- Adjudicator
- Madeline Ntoukas
- Dispute
- Maintenance
- Landlord
- P.G.
- Tenant
- P.B.
What happened
Tenant applied for an order determining the Landlord failed to meet maintenance obligations regarding a water heater. The Tenant claimed the water heater was damaged during a basement flood in July 2023. Without notifying the Landlord, the Tenant paid $2,386.56 to buy out and replace the unit and sought reimbursement through a rent abatement. The Landlord contested the claim, noting the lack of notice and potential tenant negligence.
The ruling
The Tenant's application for reimbursement of $2,386.56 for a water heater buyout was dismissed. The Board found the Tenant failed to provide sufficient evidence that the Landlord was responsible for the basement flood and failed to meet the duty to mitigate by replacing the equipment without first notifying the Landlord.