LTB Order LTB-T-088912-24

O. under Section 30 Residential Tenancies Act, 2006 File Number: LTB-T-088912-24 In the matter of: 9 Glacier Cres Glacier Cres Scarborough ON M1X2A9 Between: D. T. T. N. K. F. 23, 2026 A. H. Z. L. D. T. A. N. K. (the 'Tenants') A. F. an O. D. T. H. Z. (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. This application was heard by videoconference on January 22, 2026 at 09:00 am. The L. A. the Tenants attended the hearing. Determinations: 1. As explained below, the T. proved on a balance of probabilities the following allegations contained in the application. 2. The rental property consisted of a single-family home. 3. The Tenancy commenced on December 9, 2022 A. was terminated effective October 31, 2024 by Board O. LTB-L-038720-24 issued on September 24, 2024 with the Tenants vacating January 5, 2025 in accordance with the Court Enforcement Officer’s O.. 4. The lawful monthly rent was $3,300.00 5. It was the Tenants testimony T. at the commencement of the tenancy they noticed A. informed the L. on December 19, 2022 T. the garage door was malfunctioning as it would not close properly or lock. They supported this with pictures entered in evidence. 6. They then testified T. the L. never too any step s to correct the issue during the tenancy A. as a result represented a security issue, necessitating additional locks on the interior door A. allowed F. mice A. other vermin gained access to the garage, O. Page 1 of 4  File Number: LTB-T-088912-24 damaging their property which they complained about on September 13, 2023. This was supported by pictures of mice excrement A. their damaged property entered in evidence. 7. They then entered in evidence pictures purportedly taken after they moved out, claiming the L. had waited until they vacated to address the issue with the garage door. Remedies sought. 8. The Tenants testified they were seeking the following remedies: a. An abatement of rent of $3,300.00; b. Out of pocket expenses F. damaged property of $449.00; A. c. The application filing fee $48.00 9. In response the L. testified T. they investigated upon receipt of the initial complaint on December 19, 2022 A. determined T. the garage door did not represent a safety issue A. having communicated T. received no further complaints until October 2024. Again, they testified T. at T. time they determined there was no safety issue A. subsequent to the Tenants moving out they received no complaints from their current T.. They supported this with a text message from their current T. entered in evidence 10. They then testified T. by T. time the tenancy had been terminated, T. the Tenants had not been paying their rent A. they did not believe they had an obligation to act as the Tenants had refused to move out in accordance with the Board O.. 11. Having considered the above testimony, evidence, A. F. the reasons T. follow I find T. the L. failed to meet the L.'s obligations under subsection 20(1) of the Act to maintain the rental unit A. failed to comply with health safety, housing or maintenance standards. 12. In Onyskiw v. CJM Property Management Ltd., 2016 ONCA 477, the Court of Appeal held T. 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 T. a L. is automatically in breach of its maintenance obligation as soon as an interruption in service occurs. 13. In this case the L. admitted to being aware of the alleged issues, namely the garage door, mice A. or rat infestation within the garage on or about October 2024. Further even if I accepted their submission T. they investigated A. found no issue, or the text message from their current T. which I do not given the Tenants pictures of mice or rat excrement or very clear there was an issue A. the text amounts to hearsay, I cannot overlook they testified they did not believe they had an obligation to act as the tenancy had been terminated. This is not reasonable, A. a direct contravention of subsection 20 of the Act. O. Page 2 of 4  File Number: LTB-T-088912-24 14. Regardless of the fact T. the tenancy had been terminated, the L. had an obligation to respond to issues A. maintain the rental unit up until the eviction was enforced by the sheriff, as such I am satisfied the Tenants have proven their case A. are entitled to the remedies sought. 15. T. said, given the Tenants failed prove the alleged issues were extant in September 2023, as the pictures had no date or time stamps, or T. the L. was aware at the time due to an absence of correspondence verifying it was communicated, coupled with the issue being confined to the garage, A. an absence of any receipts F. the damaged property, this will affect the amount awarded. Remedies 16. I find T. a rent abatement of $1,650.00 is appropriate in the circumstances, given, as noted above, the issues were confined to the garage, A. the fact the Tenants could not establish the L. was aware in September 2023 as alleged. 17. I also find T. the Tenants are entitled to the filing fee of $48.00 as sought. 18. As to the other remedies, again as noted above given they field to provide any receipts F. the damaged property I am not satisfied they have proven the out-of-pocket expenses claimed. It is ordered T.: 1. The L. shall pay the Tenants $1,698.00. This amount represents: • $1,650.00 F. a rent abatement F. the period ending January 5, 2025. • $48.00 F. the cost of filing the application. 2. The L. shall pay the Tenants the full amount owing by March 6, 2026. 3. If the L. does not pay the Tenants the full amount owing by March 6, 2026, the L. will owe interest. This will be simple interest calculated from March 7, 2026 at 4.00% annually on the balance outstanding. 4. The Tenants have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. February 23, 2026 ____________________________ Date Issued Kelly Delaney Member, L. A. T. Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 O. Page 3 of 4  File Number: LTB-T-088912-24 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 4 of 4