Racette v CAPREIT

Tenant wins · Orleans · 2024-04-25

Adjudicator

Fabio Quattrociocchi

Dispute

Maintenance, Substantial Interference

Amount

<$5K

Landlord

C.

Tenant

E.R., D.M.

What happened

Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit or residential complex and failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006. The issues were related to water leaks in the rental unit.

The ruling

The Tenant proved the allegations in the application on a balance of probabilities. The Landlord breached their maintenance obligations under the Act and this breach substantially interfered with the Tenant's reasonable enjoyment of the rental unit. The Tenant is entitled to a rent abatement of $1,802.41 and reimbursement of the $48 application filing fee, for a total of $1,850.41.