Spasov v. Alnapa Inc.

Tenant wins · York · 2024-11-06

Adjudicator

Julie Broderick

Dispute

Maintenance

Amount

<$5K

Landlord

Alnapa Inc.

Tenant

H.S., K.G.

Landlord rep

Alexander Tershakowec

Tenant rep

Francisco Gomez

What happened

Tenants applied for an order determining that the Landlord failed to meet its maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The rental unit was damaged by two sewage backups in May 2023, rendering it uninhabitable until September 2024. The Tenants were displaced and paid rent during this period.

The ruling

The Landlord failed to meet its obligations under section 20(1) of the Residential Tenancies Act, 2006 to provide a rental unit that was fit for habitation. The Landlord must pay the Tenants $3,553.00 for rent abatement and $227.37 for utilities paid during the period the unit was uninhabitable, for a total of $3,780.37. The Landlord must pay the full amount by November 10, 2024, after which interest will accrue.