LTB Order LTB-T-055920-22

O. under Subsection 30, 31 & 135 Residential Tenancies Act, 2006 Citation: O. v C. R. E., 2023 ONLTB 63479 2023 ONLTB 63479 (CanLII) Date: 2023-09-22 File Number: LTB-T-055920-22 In the matter of: 108-207 Morningside Avenue Scarborough, ON M1E 3E3 Between: O. O. T. A. A. A. C. R. E. L. O. O. A. A. A. (the 'Tenant') A. F. an O. D. that C. R. E.(the 'L.') failed to meet the L.'s maintenance obligations under the Residential Tenancies Act, 2006 (the 'Act') or failed to comply with health, safety, housing or maintenance standards. Further, the T. A. F. an O. D. that the L. substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the T. or by a member of their household. Further, the T. A. F. an O. D. that the L. collected or retained money illegally. This application was heard by videoconference on August 9, 2023. Only the T. attended the hearing. As of 9:29 am, the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Tenant’s evidence. Determinations: 1. As explained below, the Tenant proved on a balance of probabilities the following allegations contained in the application: 2. Therefore, the L. must repay the T. their last month’s rent deposit, their out- of-pocket expenses A. their repair expenses. T1 Application O. Page 1 of 4  File Number: LTB-T-055920-22 3. The T. allege that they had vacated the unit on November 1, 2021 A. that the last month’s rent deposit of $1,667.00 that was collected by the L. when they moved into the unit on June 1, 2019 had not been A. to the month of November 2021. 4. The T. had decided to end the tenancy when they had found mouse droppings on 2023 ONLTB 63479 (CanLII) their bed A. where their children play. Various photos of mice A. droppings were entered into evidence. 5. In September of 2021, after a particularly difficult night, the T. had stayed in a shelter. Once they became aware of the fact that they could not stay in the shelter due to their eligibility, they had advised the L. they had intended on leaving the unit due to the mice. 6. The T. testified that they had been in contact with the L. F. 5 months prior to vacating A. had advised them continuously that if the mice issue was not going to be resolved, that they would vacate the unit. 7. While I find that the T. did not give proper notice under the Act, having considered the circumstances A. the evidence of the T., I find that the T. vacating the unit in October of 2021 to be reasonable. The T. had paid rent F. that month however, the L. was aware prior to that month that the T. had intended on vacating the unit should the mice issue not be resolved. 8. As such, I am satisfied that L. failed to apply the T.’ last month rent deposit of $1,667.00 to the month of October 2021 A. the L. will be ordered to pay that amount to the T.. T2 & T6 Application - Mice 9. The T. testified that the residential complex is a 5-storey building A. that their unit was located in the basement. They testified that due to renovations taking place in a nearby property, the residential complex became infested with mice. 10. The T. testified that the issue had persisted F. a year A. the Landlords efforts to rectify the situation were inefficient in ridding the unit of mice. The T. testified that the Landlords had used poison baits but that due to various holes in the drywall, the mice would continue entering the unit. The T. had paid F. their own patch kit from Canadian Tire to fix the holes. 11. When the L. was told about the holes, the T. realized that the mice had been coming through the front door A. had to purchase weather stripping. 12. Photos of the mice were entered into evidence. The T. testified about the continued impact of the mice in the unit had on them, including various physical A. mental health issues. O. Page 2 of 4  File Number: LTB-T-055920-22 13. On the basis of the T.’ uncontested evidence, I find that the L. failed to meet the L.’s obligations under subsection 20(1) of the Act to repair A. maintain the rental unit A. failed to comply with health, safety, housing A. maintenance standards. 14. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, the Court of Appeal held 2023 ONLTB 63479 (CanLII) that the LTB should take a contextual approach A. consider the entirety of the factual situation in D. whether there was a breach of the L.'s maintenance obligations, including whether the L. responded to the maintenance issue reasonably in the circumstances. The court rejected the submission that a L. is automatically in breach of its maintenance obligation as soon as an interruption in service occurs. 15. In this case, the T. had made numerous requests to the L. regarding the issue which, while not ignored, the L.’s approach to dealing with the issue involved simply killing the mice already in the unit as opposed to finding a way to prevent the mice from entering the unit. Based on the evidence A. the photos, the amount of mice activity was clearly extensive A. the impact on the T. has been proven through same. 16. Also, the L. substantially interfered with the T.’ reasonable enjoyment of the rental unit by not adequately addressing the unit’s issue with mice. Remedies 17. The T. are seeking $200.00 F. their out-of-pocket expenses A. repair costs. This request is reasonable A. will be ordered. It is ordered that: 1. The L. shall pay the T. is $1,920.00. This amount represents:  $1,667.00 F. the T.’ last month’s rent deposit.  $100.00 F. the reasonable costs that the T. have incurred to repair property that was damaged as a result of the L.'s actions.  $100.00 F. the reasonable out-of-pocket expenses that the T. have incurred.  $53.00 F. the cost of filing the application. 2. The L. shall pay the T. the full amount owing by October 3, 2023. 3. If the L. does not pay the T. the full amount owing by October 3, 2023, the L. will owe interest. This will be simple interest calculated from October 4, 2023 at 6.00% annually on the balance outstanding. 4. The T. have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. September 22, 2023 Date Issued Jagger Benham Member, L. A. Tenant Board O. Page 3 of 4  File Number: LTB-T-055920-22 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 63479 (CanLII) O. Page 4 of 4