Ramirez Bernal v Yang

Landlord wins · Richmond Hill · 2025-07-09

Adjudicator

Karen Gonçalves

Dispute

Maintenance, Tenant Rights

Landlord

S.Y., B.L.

Tenant

E.R.B., M.R.C.

Landlord rep

Alvin Chan

What happened

The Tenants filed T2 and T6 applications alleging that the Landlords failed to meet maintenance obligations and substantially interfered with their reasonable enjoyment. The primary complaint was a delay in painting the rear deck, which the Landlords had agreed to do in the tenancy agreement. The Tenants claimed the delay prevented them from fully using the deck and hosting guests.

The ruling

The Tenants' applications (T2 and T6) were dismissed. The Board found that the delay in painting the deck was an aesthetic issue rather than a maintenance failure that affected the Tenants' use of the unit, and the evidence indicated that the Tenants were still able to enjoy and use the deck during the delay.