Csoke v Bennetti Inc.

Tenant wins · Ancaster · 2025-10-16

Adjudicator

Vladimir Nikitin

Dispute

Maintenance, Tenant Rights

Amount

$5-10K

Landlord

Bennetti Inc.

Tenant

A.C., Z.J.

Tenant rep

Vidy Matadeen

What happened

The Tenants filed an application regarding the Landlord's failure to address significant maintenance issues, including mold in the basement, sewer backups, a rat infestation, and unremoved garbage. The Tenants provided evidence that the Landlord failed to maintain the property since the start of the tenancy, causing one of the occupants (the Tenants' daughter) to live elsewhere and leaving the residents with limited access to sanitary facilities. The Landlord failed to attend the hearing despite being properly served.

The ruling

The LTB found the Landlord in breach of maintenance obligations. The Landlord is ordered to pay the Tenants $8,007.51, which includes a 100% rent abatement for September, general damages for the loss of use and dignity regarding sanitary facilities, and out-of-pocket expenses. Additionally, the Landlord must complete professional mold remediation by October 31, 2025, and restore the basement by November 20, 2025. A 100% ongoing rent abatement is granted until all repairs are completed. If the Landlord fails to perform repairs or pay the sewage invoice ($7,006.00), the Tenants are authorized to arrange repairs themselves and deduct the costs from future rent.