Thomas v Effort Trust

Tenant wins · Hamilton · 2025-05-02

Adjudicator

Jane Dean

Dispute

Tenant Rights

Amount

<$5K

Landlord

Effort Trust

Tenant

C.L.T.

Landlord rep

Jeff Owens, Jason Burnett, Kimberley Hollaran

What happened

The Tenant filed applications alleging that the Landlord substantially interfered with their reasonable enjoyment due to persistent marijuana smoke emanating from a neighboring unit. The Tenant claimed the Landlord failed to properly investigate or remediate the issue despite multiple complaints. The Landlord argued they took reasonable steps, including speaking to the neighbor, but the LTB found the Landlord's efforts insufficient as they refused to enter the Tenant's unit to verify the smell or accept video evidence.

The ruling

The Landlord is ordered to pay the Tenant $1,886.40 by May 13, 2025. This includes $1,200.00 as a rent abatement for the interference caused by marijuana smoke, $638.40 for moving expenses (U-Haul and professional movers), and $48.00 for the filing fee. Other claims for rent differential and out-of-pocket renovation costs for the Tenant's new co-op unit were dismissed.