Defrancesco v Anchor Property Managers Inc.

Split/Other wins · Etobicoke · 2025-04-03

Adjudicator

Nancy Morris

Dispute

Maintenance, Substantial Interference

Landlord

Anchor Property Managers Inc.

Tenant

R.D., A.A.

Landlord rep

D. Burns, C. Salgado

What happened

The Tenants filed an application for maintenance issues (T6) and harassment (T2) concerning multiple flooding events in their rental unit. They withdrew the T2 application at the hearing. The primary issues were floods in July and September 2020. The Tenants had to vacate the unit for 44 days after the first flood, with their hotel costs covered by their personal insurance. The Landlord's response to the first flood was found to be delayed, while the response to the second was deemed adequate.

The ruling

The Tenants' application was partially successful. They were awarded a rent abatement for the Landlord's delayed response to a major flood. However, the Landlord was awarded costs because the Tenants were unprepared for a previous hearing, causing an adjournment. The final order states that the Tenants are entitled to deduct $300.08 from the rent arrears they owe to the Landlord, which were noted to be in excess of $2,300 at the time they vacated.