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From Riverview Legal Group
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- ...ommon themes that adjudicators have used in determining the amount of rent abatement provided for mold. ...io Landlord and Tenant Board, the abatement's ranged from 10-50% of a rent abatement. ...27 KB (4,366 words) - 21:22, 30 December 2021
- ...s not possible for this Court to assess the propriety of the amount of the abatement ordered, or the alleged interference with the reasonable enjoyment of the p 17. The remedies sought by the Tenant are a rent abatement and compensation for lost income. ...6 KB (939 words) - 17:46, 6 March 2024
- 0 bytes (0 words) - 14:49, 13 April 2021
- ...er the Tenant involved municipal licensing and standards. A two month rent abatement in the amount of fifty percent is warranted to addresses the seriousness of ...nt abatement of $179.00. <b><u>This amount represents a fifty percent rent abatement for the period from December 8, 2011 to February 8, 2012.</b></u> ...9 KB (1,501 words) - 00:28, 6 January 2021
Page text matches
- ...lculate the abatement, the Board could only order a 100% abatement or a 0% abatement. ...ct provides the Board with the discretion to determine an appropriate rent abatement. In this case, I find that the Landlord was aware of the water damage and ...5 KB (753 words) - 20:11, 30 December 2021
- ...d:highlight lightblue>24. The remedies sought by the Tenant is a 5% rent abatement</span> from July 2015 up to and including the last hearing date and an orde ...a view that a reasonable abatement to be $80.00 which represents a 1% rent abatement</span> from July 2015 up to May 2016. The Landlord shall be ordered to re-g ...3 KB (475 words) - 09:48, 22 September 2022
- ...for a rent abatement of 1/5th of their rent. I have not granted this large abatement in recognition of the fact that the Tenants continue to have some use of th In addition to the rent abatement I will order the Landlord to pay the Tenants $400.00 in compensation for th ...6 KB (955 words) - 00:05, 6 January 2021
- :(b) whether an abatement of rent is justified in the circumstances. O. Reg. 516/06, s. 8 (2). ...f the household of a tenant or former tenant, the Board shall not order an abatement of rent if all of the following conditions are satisfied: ...8 KB (1,353 words) - 21:36, 30 November 2022
- ::(b) whether an abatement of rent is justified in the circumstances. O. Reg. 516/06, s. 8 (2). ...household of a tenant or former tenant, <b><u>the Board shall not order an abatement of rent if all of the following conditions are satisfied:</b></u> ...8 KB (1,365 words) - 23:55, 25 November 2023
- ...s not possible for this Court to assess the propriety of the amount of the abatement ordered, or the alleged interference with the reasonable enjoyment of the p 17. The remedies sought by the Tenant are a rent abatement and compensation for lost income. ...6 KB (939 words) - 17:46, 6 March 2024
- 20. The Tenant requests a rent abatement, compensation for the cost of out-of-pocket expenses, and general damages. ...of the rental unit, I find that the Tenant is entitled to a lump sum rent abatement of $750.00. ...3 KB (475 words) - 17:15, 17 June 2021
- 48. The Tenant requests a 100% abatement of rent he has paid since the tenancy commenced in January 2017. He also re 49. In these circumstances, it is not appropriate to order an abatement of rent prior to June 6, 2017 when the Tenant’s Agents informed the Landl ...5 KB (805 words) - 16:34, 5 May 2021
- :<b><u>26. I am satisfied that a 25% abatement of rent from June to November 2017, is reasonable under the circumstances s ...eported the problem, and as such, I find that the Tenant is entitled to an abatement of rent. ...6 KB (960 words) - 14:49, 13 April 2021
- 86. Abatement is a contractual remedy. <b><u>Unlike in tort law, contract law does not re ...929 bytes (158 words) - 19:36, 11 June 2020
- ...er the Tenant involved municipal licensing and standards. A two month rent abatement in the amount of fifty percent is warranted to addresses the seriousness of ...nt abatement of $179.00. <b><u>This amount represents a fifty percent rent abatement for the period from December 8, 2011 to February 8, 2012.</b></u> ...9 KB (1,501 words) - 00:28, 6 January 2021
- ...d for the month of September 2014 the Tenant is entitled to a further rent abatement of $170.00, which represents $50.00 for the ongoing failure to address the ...65.00 for 30 days, <b><u>therefore I find it reasonable to grant a rebate/abatement of rent $ 30.00 from December 15, 2014 until January 26, 2015 and the rent ...7 KB (1,141 words) - 16:49, 14 April 2022
- ...viour would not have been a big deal, the Tenant argued that the requested abatement of rent was appropriate because if the risk of a COVID-19 infection materia ...rd’s entry. In the circumstances, I find that the Tenant is entitled to an abatement of rent of $50.00.</b></u> ...6 KB (912 words) - 17:34, 17 September 2023
- ...to detect carbon monoxide is a serious one. The Tenant is entitled to an abatement of $200 for the period from February 12, 2017 (one year before the date the ...find that it is appropriate to order the Landlord to pay to the Tenant an abatement of rent equal to 75 percent of the rent the Tenant paid for the period Sept ...3 KB (507 words) - 19:39, 16 March 2021
- ...ant, and my knowledge of similar like cases before the Board, a reasonable abatement of the rent would be $1,000.00. An order shall issue accordingly. ...4 KB (655 words) - 17:36, 2 January 2023
- .... Wrona, the tenant, applied to the Ontario Rental Housing Tribunal for an abatement of his rent under s.35(1)(b) of the Tenant Protection Act (the “TPA”). [2] Under s.32(1)(3) of the TPA as a condition to obtaining abatement, Mr. Wrona had to establish that the landlord’s agents had illegally ente ...6 KB (1,040 words) - 16:39, 22 June 2021
- ...it is reasonable to order the Landlord to pay to the Tenants a 20 percent abatement of rent for the period February 1, 2015 to January 31, 2016, or $3,168.00.< ...010: 18 days X $26.63 per day X 0.50, which totals $239.67. The total rent abatement owed to the Tenant is $1,004.18. ...9 KB (1,460 words) - 21:48, 25 February 2022
- ...d in the circumstances rent abatement in the amount of $293.94 which is an abatement of 5% is reasonable.</span> ...and use of the rental unit, I find that the Tenants are entitled to a rent abatement of 30% per month for the month of November 2017 for a total of $595.50.</sp ...19 KB (3,179 words) - 13:17, 22 September 2022
- ::(b) whether an abatement of rent is justified in the circumstances. O. Reg. 516/06, s. 8 (2). ...he household of a tenant or former tenant, <b>the Board shall not order an abatement of rent if <u>all</u> of the following conditions are satisfied:</b></span> ...18 KB (3,008 words) - 20:29, 26 June 2023
- ...d and Tenant Board (the “Board”) erred in denying their application for an abatement of rent. <b><u>The Board found that the landlord had at all times acted rea ...a remedy under s. 30(1) which authorizes a range of remedies including an abatement of rent. ...5 KB (807 words) - 14:12, 3 September 2021
- ...ommon themes that adjudicators have used in determining the amount of rent abatement provided for mold. ...io Landlord and Tenant Board, the abatement's ranged from 10-50% of a rent abatement. ...27 KB (4,366 words) - 21:22, 30 December 2021
- ...l 42 days later and the impact it had on the Tenants. <b><u>I awarded a 5% abatement for this time period ($36.33 per day x 42 days x 5%).</b></u> I also consi 6. The Tenant requested an abatement of $1,312.50 for inconvenience from extensive the water leak and the loss o ...11 KB (1,935 words) - 13:51, 3 September 2021
- <b><u>9. I have awarded a 10% rental abatement for the maximum I am allowed being 6 months.</b></u> ...e out, and the Tenant to follow soon thereafter, I am prepared to award an abatement of rent of $200.00, for May, and $500.00 for June.</b></u> ...16 KB (2,611 words) - 21:41, 6 December 2021
- ...before the Board I believe this is not an unreasonable nominal amount for abatement given the Landlord’s breach here. An order shall issue accordingly. ...7 KB (1,200 words) - 18:03, 7 September 2022
- :2. The Landlord shall pay to the Tenants a rent abatement of $854.88. ...2 KB (330 words) - 21:14, 27 August 2021
- 16. I find that the Tenant is entitled to a rent abatement of $390.00 which is 20% of the rent for each of the months of June and July ...2 KB (351 words) - 17:33, 17 September 2023
- 25. I am awarding the Tenant a rent abatement of $25.00 for each of the five attempts at entry described above. The total :<b><u>3. The Landlord shall also pay the Tenant an abatement of rent in the amount of $1,500.00 for interference with his reasonable enj ...12 KB (2,035 words) - 17:34, 17 September 2023
- ...he days in question.</b></u> With monthly rent throughout of $983.59, the abatement should be $339.57. ...to April 2012, in the amount of $2,880.00.</b></u> I determined the rent abatement to be 75% because I considered the rental unit to be almost uninhabitable d ...15 KB (2,556 words) - 19:49, 14 December 2022
- ...d and Tenant Board (the “Board”) erred in denying their application for an abatement of rent. <b><u>The Board found that the landlord had at all times acted rea ...2 KB (352 words) - 14:04, 3 September 2021
- 6. The Tenant is entitled to an abatement of rent in the amount of $300.00 as a result of the Landlord’s failure to 2. The Landlord shall pay to the Tenant a rent abatement of $300.00. ...6 KB (1,076 words) - 21:51, 25 February 2022
- ...ant, and my knowledge of similar like cases before the Board, a reasonable abatement of the rent would be $1,000.00. An order shall issue accordingly. ...6 KB (1,027 words) - 17:06, 25 January 2023
- ...being repaired and replaced, was an inconvenience too minor to justify an abatement of rent or other relief. ...deliberate locking of the thermostat on the Tenant, there will be 50% rent abatement for the eight (8) days of inadequate heating, in the sum of $65.75 ($500.0 ...7 KB (1,153 words) - 17:38, 28 June 2021
- ...also mentions the illegal rent and seeks a remedy for it in the form of an abatement of $3,000.00. In addition, the Landlords presented absolutely no defense wi ...$1,500.00 and the overpayment has not been dealt with in this remedy, the abatement granted in this order is based on the legal rent.</b></u> ...19 KB (3,172 words) - 03:56, 22 January 2023
- ...on. The landlord failed to do that. That is the basis for the claim for an abatement …” ...embers of their household. Accordingly, the Tenants are entitled to a rent abatement. ...37 KB (6,225 words) - 22:11, 3 January 2022
- ...d pursuant to Section 31(1)(c) of the RTA. The appellant submits that the abatement remedy is available only if an application is brought under Section 29 of t ...8 KB (1,360 words) - 16:35, 1 June 2023
- 11. The Tenant is seeking a rent abatement of $1,000.00 for each occurrence. Once again the Tenant is relying on Wrona ...t and the reasons for the entries, I am of a view that an appropriate rent abatement in this instance to be $150.00 or $50.00 for each occurrence. ...21 KB (3,607 words) - 17:48, 17 September 2023
- <b>Quantum of Abatement, Compensation and Damages:</b> ...re entitled to a 100 % abatement of rent for two months of rent, with this abatement to be assigned to the months of February, 2014 and March, 2014.</b></u> If ...49 KB (8,035 words) - 23:24, 9 June 2022
- ! Case Name || Issues || Abatement ...graphs of ADF’s company vehicle) and the hole in the wall. <b><u>I fix the abatement in the global sum of $650.00, considering that the Tenants were able to mit ...41 KB (7,159 words) - 18:45, 26 May 2020
- ::1. Order an abatement of rent. ...4 KB (616 words) - 21:23, 18 November 2021
- ::4. Order an abatement of the tenant’s or former tenant’s rent. 2006, c. 17, s. 98 (3). ...4 KB (665 words) - 20:13, 14 December 2022
- ..., as she then was, dealt with a situation in which a tenant claimed a rent abatement for the time he was out of his apartment when the landlord undertook an ext ::2. Order an abatement of rent. ...14 KB (2,284 words) - 02:32, 11 January 2021
- ...n v Allan Vlahovich.<ref name="Allan"/> Consequently, I will award a rent abatement of 10% for the period from April 27, 2017 to May 29, 2018 ($1,343 X0.10 X 1 ...4 KB (648 words) - 19:54, 14 July 2021
- ...d pursuant to Section 31(1)(c) of the RTA. The appellant submits that the abatement remedy is available only if an application is brought under Section 29 of t ...10 KB (1,676 words) - 04:08, 22 January 2023
- 48. The Tenant did not request a rent abatement for the harassment and illegal entries. However, she did request an unspec ...equently, I find that it is appropriate to award the Tenant a $500.00 rent abatement for the attempted harassment.</b></u> ...10 KB (1,609 words) - 04:52, 15 February 2023
- I decline to award the Tenant the abatement she requested. The Tenant did have full use of her apartment, albeit withou ...hat 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,</b></u> or $617.10. ...54 KB (9,021 words) - 21:54, 25 February 2022
- 27. The Tenant is entitled to an abatement of rent for the harassment and also for substantial interference. Based on ...he Landlord’s conduct had on the Tenants was that it annoyed them. A rent abatement of $150.00 will be awarded to compensate them for the annoyance. The Landl ...11 KB (1,720 words) - 02:57, 18 July 2020
- 27. The Tenant is entitled to an abatement of rent for the harassment and also for substantial interference. Based on ...he Landlord’s conduct had on the Tenants was that it annoyed them. A rent abatement of $150.00 will be awarded to compensate them for the annoyance. The Landl ...11 KB (1,754 words) - 16:17, 22 June 2021
- ...l of the circumstances of this case, the respondents’ application for rent abatement to the Board is an abuse of process.</span> ...the context of the Superior Court application and the application for rent abatement before the Board, there would have to be determinations about whether the h ...21 KB (3,537 words) - 15:26, 6 September 2023
- .... Wrona, the tenant, applied to the Ontario Rental Housing Tribunal for an abatement of his rent under s.35(1)(b) of the Tenant Protection Act (the “TPA”). [2] Under s.32(1)(3) of the TPA as a condition to obtaining abatement, Mr. Wrona had to establish that the landlord’s agents had illegally ente ...54 KB (8,995 words) - 17:39, 17 September 2023
- <span style=background:yellow>[5] The Member awarded a rent abatement of $7,419.60 and directed the Landlord to hire a contractor to ascertain wh ...therwise not habitable, I am satisfied that the Tenants are entitled to an abatement of 10% of the rent ($2,300.00) for the period from November 6, 2015 to Nove ...45 KB (7,419 words) - 00:01, 11 April 2024
- ...using Corporation v Allan Vlahovich.[2] Consequently, I will award a rent abatement of 10% for the period from April 27, 2017 to May 29, 2018 ($1,343 X0.10 X 1 19. The Tenant is entitled to a rent abatement of 5% per month from August 2016 to the date of the hearing ($750.00 x 5% x ...12 KB (1,923 words) - 04:57, 15 February 2023
- ...duced level of enjoyment, I am satisfied that the Tenant is entitled to an abatement of rent of 25% from April 1, 2018, when he first told the Landlord about th ...5 KB (809 words) - 05:00, 15 February 2023
- ...plication only seeks a rent abatement of $10,000.00, this the maximum rent abatement I can award. ...13 KB (2,069 words) - 00:11, 28 April 2023
- ...aspect of the defendant’s claim is her request for damages amounting to an abatement of rent based on various complaints about the demised premises. I find tha ...ained essential the elements of a claim for an abatement of rent. Such an abatement was a matter over which the LTB had jurisdiction under the Act; therefore i ...20 KB (3,331 words) - 01:15, 22 December 2022
- ...ot inconsistent with our approach. In that case the Court ordered that an abatement extend back one year before the application had been made and no further. ...u>[13] Accordingly, we conclude that the Board erred in law in allowing an abatement of rent prior to the one year period preceding the making of the applicatio ...13 KB (2,138 words) - 15:25, 20 November 2023
- ..., 2010, I am awarding each Tenant in this application with a lump sum rent abatement of $500.00. I am also fining the Landlord $5,000.00 for harassing and thre ...ve fine of $250.00</b></u> as well as awarding an amount to the tenant for abatement of rent, reimbursement of expenses, and costs. <b><u>To date, the Landlord ...24 KB (3,923 words) - 17:57, 9 December 2023
- 16. The Tenants are also entitled to abatement of the rent. 17. Abatement is a contractual remedy based on the idea that a tenant pays for a bundle o ...24 KB (3,944 words) - 16:36, 22 September 2023
- ...l project only if person is not an invitee of tenant -- Tenant entitled to abatement of rent for breach of lease and for breach of covenant of quiet enjoyment - ...14 KB (2,313 words) - 18:33, 9 February 2024
- ...31, 2015 (154 days), which totals $875.90. I considered awarding a higher abatement amount, however, I did not do so in light of the absence of written complai ...nt for the material time is reasonable. As such an Order will issue for an abatement of 25% of the rent for the period from January 15, 2015 to March 16, 2015 ( ...76 KB (13,053 words) - 16:03, 15 June 2022
- ::2. An order for an abatement of rent. ...6 KB (972 words) - 23:42, 1 April 2024
- ...most of the issues have been ongoing since 2017. She is seeking a 50% rent abatement for having to live with the disrepair issues for so long. ...7 KB (1,108 words) - 15:10, 21 January 2022
- ...t in the amount of $825.00 is warranted. This represents approximately 25% abatement for two months.</b></u> ...before the Board I believe this is not an unreasonable nominal amount for abatement given the Landlord’s breach here. An order shall issue accordingly. ...42 KB (7,060 words) - 00:26, 24 November 2022
- ...he only remedies requested in the application that are still relevant are: abatement of the rent; and a fine. 38. Abatement is a contractual remedy. It addresses the idea that if a tenant is paying f ...37 KB (6,230 words) - 17:22, 23 October 2023
- ...ant’s representative requested to amend the application to add a remedy of abatement of $4,886.40. ...7 KB (1,229 words) - 17:12, 7 September 2022
- ::<span style=background:lightblue>• $350.00 for rent abatement for failure to maintain</span> ...reasonable time and the response was appropriate to affect the repair, no abatement or other remedy should be ordered.</u></b></span> The evidence before me i ...40 KB (6,461 words) - 05:20, 15 February 2023
- 26. MF also claimed one (1) month’s rent abatement due to the loss of laundry facilities and loss of the lobby intercom servic ...8 KB (1,315 words) - 15:36, 14 December 2020
- ::2. An order for an abatement of rent. 22. The Tenant’s application also sought an abatement of rent. However, no evidence was led nor were any submissions with respect ...19 KB (3,277 words) - 00:25, 2 April 2024
- ::1. Order an abatement of rent. ...12 KB (1,926 words) - 18:19, 23 September 2022
- ...sate the Tenants for any damaged property, out of pocket expenses and rent abatement for the time the family was unable to live in the rental unit. ...9 KB (1,518 words) - 05:17, 15 February 2023
- 19. The Tenant did not request an order for rent abatement; rather, she requested an order for damages in the sum of $100.00. I find t ...9 KB (1,497 words) - 05:41, 8 February 2023
- ...Tenants, and my knowledge of previous like cases, I believe an appropriate abatement of the rent would be $2,500.00 for the period February 1, 2017 to July 31, ...9 KB (1,511 words) - 14:34, 7 February 2023
- ...ard for damages in the nature of pain and suffering is appropriate because abatement is inadequate to compensate for those intangible losses. This is such a cas ...19 KB (3,309 words) - 16:01, 29 July 2020
- [30] In the present case, determining whether to order an abatement of rent based on a breach of the landlord’s duties to repair and maintain ...10 KB (1,602 words) - 15:21, 8 November 2021
- :::4. Order an abatement of the tenant’s or former tenant’s rent. 2006, c. 17, s. 98 (3). ...application is dismissed because the factual evidence does not justify the abatement remedy requested. ...34 KB (5,551 words) - 22:27, 18 April 2022
- ...dlords will therefore be required to provide the Tenant with a rent rebate/abatement of 30:00% of the monthly rent for a one-and-a-half month period covering ap ...12 KB (1,986 words) - 20:47, 18 May 2021
- 27. The Tenant is entitled to an abatement of rent for the harassment and also for substantial interference. Based on ...he Landlord’s conduct had on the Tenants was that it annoyed them. A rent abatement of $150.00 will be awarded to compensate them for the annoyance. The Landl ...25 KB (3,934 words) - 20:49, 22 December 2023
- ::(c) order an abatement of rent; ...13 KB (2,146 words) - 18:08, 24 January 2024
- ...these types of work orders need to be issued. I have assessed a 10% rental abatement for 6 months (estimated) for the general conditions that caused the issuanc ...13 KB (2,126 words) - 20:50, 4 June 2020
- ::(c) order an abatement of rent; ...15 KB (2,518 words) - 15:09, 13 April 2021
- This is an application by the tenant for an abatement of rent under s. 113(1)(f) of the Landlord and Tenant Act, R.S.O. 1990, c. ...14 KB (2,311 words) - 20:55, 17 February 2024
- ...L1 Applications, for the reason that the Tenants are entitled to 100% rent abatement due to the fact that the residential complex has not been habitable, as dis <b><u>62. The Tenants are entitled to 100% rent abatement due to the uninhabitable state of the premises from July 2015 to the presen ...38 KB (6,346 words) - 20:33, 18 May 2023
- ...basement. Accordingly, I do not find that the Tenants are entitled to the abatement of rent that they requested. ...16 KB (2,754 words) - 16:42, 27 February 2024
- ::(c) order an abatement of rent; ...18 KB (2,999 words) - 16:08, 30 March 2021
- ...or damage to Mr. Ogunfeibo’s goods as a result of the illegal eviction, an abatement of rent for the period he was locked out, and general damages for pain and ...20 KB (3,414 words) - 23:52, 19 January 2022
- 51. The Tenant did not request any rent abatement and because it was not requested, it cannot be awarded '''''Beauge v. Metca ...19 KB (3,097 words) - 18:56, 8 May 2023
- ::2. An order for an abatement of rent. ...23 KB (3,998 words) - 22:55, 27 March 2024
- ...the Tenants had waived their right to have repairs done or to seek a rent abatement for disrepair, the waiver would be void.</b></u> ...25 KB (4,220 words) - 21:04, 22 October 2021
- ...their own application with respect to this issue and an order with a rent abatement was issued on May 15, 2019 (TET-01657-19). ...34 KB (5,651 words) - 12:09, 5 September 2023
- This is an application by the tenant for an abatement of rent under s. 113(1)(f) of the Landlord and Tenant Act, R.S.O. 1990, c. ...53 KB (8,893 words) - 23:40, 9 February 2024
