Air Ducts Re: Dust (RTA)

CET-43865-14 (Re), 2015 CanLII 59718 (ON LTB)

10. It is not disputed that the Landlords have not cleaned the heating and air ducts.

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It is ordered that:

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7. The Landlords shall clean the heating and air ducts.

SWT-11556-17 (Re), 2018 CanLII 42814 (ON LTB)

12. The Tenant’s friend, BM, testified that he visited the Tenant at the unit almost daily from the beginning of October 2017, to the day she moved out. He observed black dust around the air ducts, on the floors and in the bathroom, and collected on furniture and items of clothing. He also detected the odour of cigarette smoke in the Tenant’s unit. He saw her attempt to discuss the matter with the Landlord and he was dismissive. He accompanied the Tenant to the Rent4All office in late October or early November 2017, with the sample she had collected at their request and the staff members were extremely rude and the police were called. The Tenant told him that she gave Rent4All a written notice that she was going to vacate but he did

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Remedies

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25. Since this is the Tenant’s application, she bears the burden of proving the claim and the entitlement to damages on a balance of probabilities. I accept her testimony that breathing the dirty air was distressing and her fear for her daughter’s health substantially interfered with her reasonable enjoyment of the premises and prompted her to make the decision to move.

26. I am satisfied that a 25% abatement of rent from June to November 2017, is reasonable under the circumstances since both she and her daughter had to breathe air she found unpleasant and unsafe and she had to engage in extra cleaning to remove the soot from the floors. (25% x 6 months x $1,000.00 per month = $1,500.00)