Leak Under Kitchen Sink (LTB-Maintenance): Difference between revisions
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<b><u>7. The amount requested is approximately 50% of the monthly rent which is reasonable considering the significant inconvenience of the water seepage and the loss of use of the bedroom.</b></u> The Tenant stated that the basement rental unit was very tiny. Water seepage into the bedroom was excessive; the Tenant had to vacuum up water every time she returned home from work. Her photos showed that the carpet in the bedroom was saturated with water. The loss of the use of the bedroom meant that the items in that room had to be moved into the kitchen and living room which interfered with the use of those rooms. | <b><u>7. The amount requested is approximately 50% of the monthly rent which is reasonable considering the significant inconvenience of the water seepage and the loss of use of the bedroom.</b></u> The Tenant stated that the basement rental unit was very tiny. Water seepage into the bedroom was excessive; the Tenant had to vacuum up water every time she returned home from work. Her photos showed that the carpet in the bedroom was saturated with water. The loss of the use of the bedroom meant that the items in that room had to be moved into the kitchen and living room which interfered with the use of those rooms. | ||
==[http://canlii.ca/t/hw7s7 TST-96247-18 (Re), 2018 CanLII 111694 (ON LTB)]== | |||
Revision as of 15:59, 23 May 2020
TST-90977-17 (Re), 2018 CanLII 42711 (ON LTB)
1. The issue to be determined by the Board is whether the Landlord failed to comply with subsection 20(1) of the Residential Tenancies Act, 2006 (the 'Act') which resulted in amongst other things, a broken kitchen countertop, loose kitchen faucet, leak under the kitchen, yellow stains on the ceiling, cracks in the toilet bowl, scratches on the bath tub, ceiling and plaster coming off in the closets, unit not painted, disrepair to the balcony door (mesh has holes), and the balcony floor.
6. There was a leak under the kitchen sink. The Tenants say that the leak was fixed on December 12, 2017. As a result of the leak the Tenants could not store anything under the sink and they had to place a bucket under the sink. They say that every day they had to clean under the sink.
12. I find that the Landlord failed to meet the Landlord's obligations under subsection 20(1) of the Act with respect to the leak under the kitchen sink, the cracked kitchen countertop and the disrepair to the balcony door mesh.
17. I am of the view that the Tenants are entitled to a rent abatement of $76.29 for the leak under the sink. I considered that the leak was not fixed until 42 days later and the impact it had on the Tenants. I awarded a 5% abatement for this time period ($36.33 per day x 42 days x 5%). I also considered that the Tenants were still able to use the kitchen sink during this time.
CET-30482-13 (Re), 2013 CanLII 40035 (ON LTB)
1. The tenancy terminated on April 15, 2013. The monthly rent was $875.00. All rent owing to April 15, 2013 was paid to the Landlord.
2. Interest on the last month's rent deposit was not paid to the Tenant. Interest is owing from December 15, 2011 to December 14, 2012 on the deposit amount of $2,625.00. Interest is also owing from December 15, 2012 to March 14, 2013 (when the deposit was applied to the last month of the tenancy) on the deposit amount of $1,750.00. Interest owing to the Tenant is ordered with the consent of the parties.
3. In January 2013 there was a water leak in the rental unit. Initially, it seemed the leak was coming from an exterior crack in the foundation. The side of the house was dug up in January/February 2013 to fix the crack. This did not resolve the leak. Water continued to seep into the bedroom of the rental unit. There was also a water leak under the kitchen sink.
4. The Tenant’s request for $1,400.00 compensation to replace items damaged by the water leak is refused. The Tenant has not yet replaced the items that were allegedly disposed of. The amount claimed was not supported by receipts or estimates. The Tenant acknowledged that the items allegedly disposed of were over 10 years old and she had no evidence of the appropriate depreciated value of the items allegedly disposed of.
5. Interest on the last month's rent deposit is owing to the Tenant as follows: from December 15, 2011 to December 14, 2012 on $2,625.00 at 3.1% = $82.93; and from December 15, 2012 to March 14, 2013 on $1,750.00 at 2.5% = $10.95 ($43.75 per year or $3.65 per month is $3.65 x 3 months). The total interest owing to the Tenant is $93.88 ($82.93 + $10.95). This amount is ordered below with the consent on the parties.
6. The Tenant requested an abatement of $1,312.50 for inconvenience from extensive the water leak and the loss of the use of the bedroom from the end of January 2013 up to April 15, 2013 when the tenancy terminated. The monthly rent was $875.00.
7. The amount requested is approximately 50% of the monthly rent which is reasonable considering the significant inconvenience of the water seepage and the loss of use of the bedroom. The Tenant stated that the basement rental unit was very tiny. Water seepage into the bedroom was excessive; the Tenant had to vacuum up water every time she returned home from work. Her photos showed that the carpet in the bedroom was saturated with water. The loss of the use of the bedroom meant that the items in that room had to be moved into the kitchen and living room which interfered with the use of those rooms.
