Lenchyshyn v Teixeira
Tenant wins · St Catharines · 2025-05-21
- Adjudicator
- Nicole Pedron
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4)
- Landlord
- C.L.
- Tenant
- J.T.
- Landlord rep
- Amy Miska
- Tenant rep
- Cassandra Pena
What happened
A landlord applied for eviction and rent arrears for April 2024. The tenant had already vacated the unit on April 29, 2024. At the hearing, the tenant raised issues under section 82 of the Act, alleging the landlord failed to address a bug infestation and harassment from an upstairs tenant. The Board found the landlord's response to the bug issue was reasonable but determined the landlord had substantially interfered with the tenant's reasonable enjoyment by failing to take adequate steps to resolve the ongoing harassment from the other tenant. As a remedy, the Board granted the tenant a rent abatement equal to the total amount of rent arrears and filing fee claimed by the landlord, resulting in a final order for the tenant to pay $0.00.
The ruling
The tenancy was terminated as of April 29, 2024, the date the Tenant vacated. The Tenant is ordered to pay $0.00 to the Landlord. The rent arrears and filing fee claimed by the Landlord were entirely offset by a rent abatement granted to the Tenant due to the Landlord's failure to address harassment from another tenant. The Tenant's rent deposit and accrued interest were also applied against the arrears before the abatement.