Leung v Wen
Landlord wins · Toronto · 2025-07-04
- Adjudicator
- Vladimir Nikitin
- Dispute
- Maintenance, Tenant Rights
- Notice
- Maintenance (T6), Tenant rights (T2)
- Landlord
- J.W.
- Tenant
- W.J.L.
What happened
The Tenant applied for an order determining that the Landlord failed to meet maintenance obligations and substantially interfered with the Tenant's reasonable enjoyment. The Tenant alleged that smoke and marijuana odors were entering the rental unit through the HVAC system or a hole in the wall. The Tenant claimed this impacted their health and eventually moved out. The Landlord countered that they took several steps to investigate and resolve the issue, including changing filters and hiring a professional HVAC technician, and argued that no such smell was persistent or verifiable.
The ruling
The Tenant's application was dismissed in its entirety. The LTB found that the Tenant failed to prove that there was a breach of maintenance obligations or a substantial interference with reasonable enjoyment. The Landlord was found to have acted reasonably in addressing the Tenant's complaints by investigating the HVAC system and communicating with building management.