Lozinsky v Caragiannis

Split/Other wins · York · 2023-06-05

Adjudicator

Robert Brown

Dispute

Maintenance

Amount

<$5K

Landlord

V.C.

Tenant

A.L., E.C.

Landlord rep

Chris Caragiannis, Christina Nastas

What happened

Tenants applied for an order determining that the Landlord failed to meet maintenance obligations by failing to maintain the flooring in the rental unit above their unit, causing excessive noise. Tenants also sought an order for overpayment of one month's rent.

The ruling

The Landlord did not breach maintenance obligations as they were not given adequate time to address the noise issue before the tenancy was terminated. The Tenants overpaid one month's rent, which the Landlord must refund.