Hanes v Cerilli

Landlord wins · Sudbury · 2025-11-13

Adjudicator

Amanda Kovats

Dispute

Maintenance

Landlord

T.C.

Tenant

H.H., T.M.

Landlord rep

Togo Boczek

What happened

The Tenants applied for an order determining that the Landlord failed to meet maintenance obligations regarding a persistent cockroach infestation. The Tenants alleged the infestation was severe, with over 100 cockroaches visible nightly. The Landlord argued that they responded reasonably by providing 27 monthly treatments, but the issue persists because the Tenants fail to maintain ordinary cleanliness and refuse to vacate the unit for more intensive fogging treatments due to their multiple pets (three cats, a snake, and a bearded dragon).

The ruling

The Tenants' application was dismissed. The Board found that the Landlord had taken all reasonable steps to address the cockroach infestation by providing consistent pest control services. The continued presence of pests was attributed to the Tenants' failure to keep the unit clean and their refusal to cooperate with more intensive treatment methods. The Board ruled that requiring the Landlord to pay for the Tenants' cleaning would cause undue hardship and fundamentally change the tenancy obligations.