Mahdavinader v Maniscalco

Split/Other wins · Orleans · 2024-07-03

Adjudicator

Lisa Del Vecchio

Dispute

Damage to Property, Maintenance

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.M.

Tenant

H.M., S.K.

Landlord rep

Stephen Maniscalco, Ignazio Maniscalco

What happened

The Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has wilfully or negligently caused damage to the premises.

The ruling

The Landlord failed to meet maintenance obligations for the air conditioning and automatic garage door. The Landlord's application to terminate the tenancy and claim compensation for damage was dismissed.