Pascente v Bagnoli
Landlord wins · Woodbridge · 2025-07-24
- Adjudicator
- Rema El-Tawil
- Dispute
- Maintenance
- Landlord
- L.B.
- Tenant
- M.P.
- Landlord rep
- A. Bottoni
What happened
The Tenant applied for an order determining that the Landlord failed to meet maintenance obligations, specifically regarding water damage and alleged mould in the rental unit. The Tenant moved in March 2023 and noticed buckling floors and signs of water penetration by mid-May 2023. The Tenant claimed the unit was unsafe due to protruding floor nails and mould. The Landlord argued that the issue was caused by exterior building defects controlled by the condominium corporation and that she acted reasonably by engaging engineers and property management immediately upon being notified. The Tenant eventually initiated a termination of tenancy via an N11 form and vacated in July 2023.
The ruling
The Tenant's application for maintenance-related remedies was dismissed. The Board found that the Landlord did not breach her maintenance obligations under the Residential Tenancies Act. The Landlord demonstrated that she responded reasonably to the water penetration issue by coordinating with the condominium board and engineering firms, and was prevented from immediate interior repairs by the nature of the building's exterior structural defects.