Dextradeur v Chen

Tenant wins · Toronto · 2025-05-20

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Maintenance

Amount

$10-20K

Landlord

V.C., A.L., Del Condominium Rentals

Tenant

K.D.

Landlord rep

Andrew Lam

What happened

The Tenant applied for a remedy due to the Landlords' failure to address excessively high temperatures in a brand-new condominium unit. Despite the Tenant complaining 38 times and the temperature reaching 36°C, the problem persisted for nine months. The Landlords' attempts to repair were deemed neither timely nor effective, leading the Tenant to assign the lease. The Tenant sought a rent abatement for the diminished value of the tenancy.

The ruling

The Landlords are ordered to pay the Tenant $13,680.00. This amount represents a 40% rent abatement ($1,520 per month) for the nine months the Tenant lived in the unit, calculated on a monthly rent of $3,800.00. The abatement was granted because the Landlords failed to provide a timely and effective solution to the persistently high temperatures in the rental unit, breaching their maintenance obligations. The Tenant's claim for increased hydro costs was dismissed for lack of evidence.