Martins v York Property Management

Landlord wins · Windsor · 2025-05-23

Adjudicator

Vicky Liu

Dispute

Maintenance, Substantial Interference

Landlord

York Property Management

Tenant

P.G.M.

Landlord rep

Charlotte Williams

What happened

A tenant filed T2 and T6 applications against the landlord, alleging substantial interference and failure to maintain the rental unit due to floods and mold. The tenant claimed the landlord's response to a significant flood in September 2022 was inadequate and led to mold. The landlord countered that they responded promptly by hiring a professional restoration company and were not notified of any further issues or the alleged mold until much later, at which point they scheduled repairs that the tenant postponed.

The ruling

The Tenant's applications for remedies related to floods and mold are dismissed. The Board found that the Landlord acted reasonably and promptly in response to a flood on September 30, 2022. The Tenant failed to provide sufficient evidence to prove a breach of the Landlord's maintenance obligations or substantial interference with reasonable enjoyment. The Board was not convinced there was mold in the unit, and even if there were, found the Landlord acted reasonably after being notified.