Costa v Poss

Landlord wins · Oakville · 2025-12-10

Adjudicator

Nancy Morris

Dispute

Maintenance

Landlord

M.P.

Tenant

E.C., L.A.

Landlord rep

N. Schernitzki

What happened

The Tenants filed a T2 and T6 application alleging illegal entry, harassment, and failure to maintain the rental unit (specifically citing issues with air conditioning, a kitchen extractor fan, a freezer, and a deck). The T2 application was dismissed as it mirrored an ongoing Superior Court case. Regarding the T6 application, the Landlord contended that maintenance issues were never reported directly and that the Tenants were litigious, having previously used fraudulent documents to obtain the tenancy and owing over $100,000 in arrears.

The ruling

The Tenants' application was dismissed in its entirety. The Board found that the Tenants failed to prove any maintenance breaches and noted that the Landlord addressed all known issues appropriately. The Tenants had been evicted on May 14, 2025, owing over $100,000 in rent arrears.