Codognotto v Suresh

Tenant wins · Hamilton · 2025-11-13

Adjudicator

Kyle McGraw

Dispute

Maintenance

Amount

<$5K

Landlord

D.S.

Tenant

R.C.

What happened

The Tenant applied for a determination that the Landlord failed to meet maintenance obligations regarding snow removal and lawn maintenance. The Landlord, who purchased the property in September 2024, argued that snow removal was the Tenant's responsibility based on another tenant's lease and that the Tenant blocked access to the garage where equipment was stored. The Tenant provided evidence of a previous agreement with the former landlord for compensation for these tasks. The LTB found that under Ontario law, maintenance of exterior common areas is the Landlord's responsibility and any lease clause shifting this burden to a tenant is void without a separate, severable agreement with consideration.

The ruling

The Landlord is ordered to pay the Tenant $348.00 by November 22, 2025. This includes $300.00 as reimbursement for snow removal and lawn maintenance work performed by the Tenant between December 2024 and April 2025, and $48.00 for the application filing fee. If payment is not made on time, interest will accrue at 4% per annum.