Kutterer v Da silva

Landlord wins · North York · 2025-11-18

Adjudicator

Nancy Morris

Dispute

Maintenance, Tenant Rights

Landlord

M.D.S.

Tenant

G.K., J.S.

What happened

Tenants applied for an order determining the Landlord failed to meet maintenance obligations (T6) and tenant rights obligations (T2). The T2 application regarding landlord behavior was dismissed as it was originally filed blank and the late amendment was vague. The T6 maintenance application regarding damaged floorboards and carpeting was dismissed because the Tenants failed to prove they informed the Landlord of the issues before contacting Bylaw, and the Landlord repaired the unit promptly once notified by the city.

The ruling

Both the T2 and T6 applications filed by the Tenants were dismissed. The T2 application was dismissed for procedural invalidity as it was filed blank and subsequent details were vague. The T6 maintenance application regarding floorboards and carpet was dismissed because the Tenants failed to prove they notified the Landlord of the issues or that the Landlord failed to act reasonably once notified via a Bylaw order.