De Ruyte v Niagara Falls Masonary

Landlord wins · Welland · 2025-06-24

Adjudicator

Dawn Carr

Dispute

Maintenance, Tenant Rights

Landlord

N.F.M., J.D.

Tenant

N.D.R.

Landlord rep

Judith Callender

What happened

The Tenant filed T2 and T6 applications alleging that the Landlord failed to meet maintenance obligations and interfered with their reasonable enjoyment. The Tenant claimed issues regarding mold, ceiling leaks, and rodent entry (squirrels). The Landlord contended that the maintenance issues were either non-existent, previously resolved to the city's satisfaction, or cosmetic. The Board found the Tenant failed to provide sufficient evidence to support the claims.

The ruling

The Tenant's applications were dismissed. The Board found no evidence of a maintenance breach regarding mold or rodents that the Landlord was aware of. Ceiling repairs were determined to be cosmetic. The harassment claims were dismissed as they occurred outside the statutory limitation period.