Charette v Rubio

Tenant wins · Kingston · 2022-02-08

Adjudicator

Randy Aulbrook

Dispute

Substantial Interference

Amount

<$5K

Landlord

D.R.

Tenant

E.C., C.C., A.D., M.F., A.H., D.L.

Landlord rep

Lisa Barder

What happened

Tenants applied for an order determining that the Landlord or the Landlord's superintendent/agent substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household. The Tenants alleged that the Landlord did not maintain the rental unit fit for habitation and/or comply with health standards relating to the condition of the unit when the Tenants chose to move-in, and the Landlord failed to effect repairs promptly.

The ruling

The Landlord is ordered to pay the Tenants $1,274.22 for their out-of-pocket expenses incurred in removing garbage/debris and cleaning supplies, as well as the $48 application fee. If the Landlord does not pay the full amount by February 15, 2022, the Landlord will owe interest and the Tenants may deduct the outstanding balance from the rent each month until it is paid in full.