Fortuna v Frazao

Tenant wins · Kingsville · 2024-09-20

Adjudicator

Frank Ebner

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

F.F., T.O.

Tenant

S.F., N.F.

Landlord rep

Dean Clark

Tenant rep

Georgi Gardner

What happened

Tenants applied for an order determining that Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing, or maintenance standards. The Tenants also applied for an order determining that the Landlords substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants.

The ruling

Landlords must pay Tenants a rent abatement of $1,499.18 for failing to meet maintenance obligations regarding mould removal and window repair, which substantially interfered with Tenants' reasonable enjoyment of rental unit. Tenants' request for compensation for damaged mattress denied due to lack of evidence.