Epshtein v Gaetani

Landlord wins · Hamilton · 2025-11-28

Adjudicator

Nicole Pedron

Dispute

Maintenance

Landlord

A.G.

Tenant

V.E.E.

Landlord rep

Dan Schofield

What happened

The Tenant applied for an order determining that the Landlord failed to meet maintenance obligations regarding a large tree on the property. The Tenant alleged the tree was dead or dying and eventually dropped branches that damaged her vehicle. The Landlord contended that he believed the tree belonged to the City of Hamilton until June 2024 and acted reasonably to address the situation once ownership was clarified.

The ruling

The Tenant's application for maintenance failure was dismissed. The Board found the Landlord acted reasonably in addressing a problematic tree. The Landlord's initial delay was justified by a reasonable belief that the tree belonged to the city, and subsequent actions to hire a removal service were deemed appropriate under the circumstances.