Cockroach Infestation (LTB-Maintenance)
TNT-01995 (Re), 2009 CanLII 78104 (ON LTB)
1. The Tenant advised the Landlord’s agent on July 19, 2009 that there was a cockroach infestation. The Tenant also advised the management of the building which fumigated the rental unit on July 23, 2009 with the knowledge of the Landlord. According to the Landlord, the condominium building management is responsible for pest control as part of the condominium fees paid by the Landlord.
7. I prefer the evidence of Tenant that there was a serious and ongoing infestation of cockroaches in her rental unit. C.C. gave a reasonable explanation of why “no (roach) activity found” was the conclusion of the pest control report when pest control attended on July 23, 2009. She explained that she and a cleaning lady just finished spraying and cleaning up the roaches the night before, and because she explained that roaches are nocturnal pests. The Landlord had no evidence (ideally by a pre-inspection of the rental premises) to ensure it was pest free at the time of the transfer of occupancy to the Tenants. I found the letter from the Tenants’ previous landlords rang true that the Tenants had not brought the cockroaches with them, because they noted there were no cockroaches in their rental unit before, during or after the Tenants’ tenancy with them. The Tenant C.C. brought a number of roach traps to the hearing from her unit, which I could observe directly were full of insect bodies which demonstrated the likelihood that there were multiple sites of roach infestations, small and large, in the rental unit. I believed the Tenant based on her direct and forthright testimony that the roach traps C.C. brought to the hearing room were from her unit and reflected a recent capture of pest life after the traps were laid.
10. Because I find that the Tenants suffered damages for a period of two weeks when they could not unpack their belongings and live in their unit from mid July 2009 until July 29, 2009 due to a cockroach infestation, this warrants a rebate of $312.50 calculated as 50% of half of the monthly rent of $1250. There was also further discomfort experienced by the Tenants due to the continued evidence of cockroaches for the Tenants from July 29,2009 when they started living in the unit to the date of the hearing Sept 17, 2009, sufficient to warrant an additional rebate of $375.00 calculated as 6 weeks at 20% x $1250.
SOT-09987-10 (Re), 2011 CanLII 34558 (ON LTB)
Claim
The Tenant’s complains that the rental unit had cockroaches and despite all reasonable attempts by the Landlord and by the Tenant the cockroaches were not eradicated. The Tenant seeks compensation because she was assured at the beginning of the tenancy that the building did not have bugs and further she would not have taken the unit if she had been informed about the cockroaches.
Findings
There is no question that this unit had a cockroach issue and there is no question that the Landlord did take the usual steps to attempt to eradicate the cockroaches. There is no question that the Tenant moved out because she finally could no longer stand to live in this unit.
The Landlord argued that the Tenant should have mitigated her damages. I fail to understand how this Tenant could have lessened her damages any more than she did. The Tenant gave very credible testimony. I believe that the Tenant made a valiant effort to stay in this unit despite the problems she encountered. She had to make hard choices between her own comfort and the time and money it would cost her to move somewhere else.
I find without hesitation that the Tenant would not have moved into this unit had she been told that the building had an on-going battle with cockroaches. I find that the Tenant relied, to her determent, on the assurance from the rental agent that there was no problem with bugs, pets or partying students.
Award
The Tenant will be awarded her moving costs and the costs of her out-of-pocket expenses for bug treatment.
I decline to award the Tenant the abatement she requested. The Tenant did have full use of her apartment, albeit without the enjoyment one would want. I will award the Tenant $500.00 to compensate her for the distress she experienced during this tenancy.
TST-34695-12-AM (Re), 2015 CanLII 11784 (ON LTB)
1. The Tenants filed their applications in late-November 2012. Pursuant to subsection 29(2) of the Act, the Board’s retrospective jurisdiction is limited to the 12-month period before the date of application. In arriving at this order, I therefore considered those issues that arose in or after late-November 2011.
2. The Tenants raise two broad issues in their applications: they allege that the Landlord has failed to meet its maintenance obligations under the Act, or has failed to comply with health, safety, housing or maintenance standards; and that the Landlord’s failure to provide adequate security at the residential complex substantially interferes with their reasonable enjoyment of the rental property.
3. I find, on a balance of probabilities, that each Tenant proved that the Landlord has failed to meet its maintenance obligations, or has failed to comply with health, safety, housing or maintenance standards.
18. RD resides at Townhouse 121. She has occupied the rental unit since 1994. RD proved, on a balance of probabilities, that the Landlord has failed to meet its maintenance obligations, or has failed to comply with health, safety, housing or maintenance standards, with respect to the rental unit’s windows, mismatching paint, the rental unit’s heating system, and the presence of bed bugs and cockroaches.
27. The Tenant also proved the presence of cockroaches at the rental unit and the residential complex. The Tenant submitted documentary evidence showing that the Landlord was aware of the problem, and that the Landlord took steps to eliminate the cockroaches.
28. Based on the Tenant’s evidence, I find that the Tenant complained to the Landlord about the presence of cockroaches on or about September 26, 2012. Although the Landlord has attempted to address the issue, I accept the Tenant’s evidence that live cockroaches continued to exist in the rental unit until January 2014.
29. Unlike the case with the bed bugs, which took approximately four or five months to correct, I find that the 17 month period to address the cockroach issue at the rental unit was unreasonably long. I therefore find that it is appropriate to order the Landlord to pay the Tenant a 15 percent abatement of rent for the period September 2012 to January 2014, or $617.10.
30. The total rent abatement the Landlord must pay to the Tenant is $3,194.40.
