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Case Study

LTB Order on Maintenance Failure - Cross v Popotia

Tenant awarded damages for landlord's failure to maintain property

🕑 Case timeline

Application Date: January 29, 2021

Hearing Date: January 11, 2022

Order Issued: August 17, 2023

Termination Date: April 1, 2021

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-076197-22
Address: 303, 45 Front Street North, Campbellford ON K0L1L0
Form Used: Not applicable
Served By: Not specified
Amount Awarded: $3,928.00
Decision In Favor: Tenant
Application Type: Failure to meet maintenance obligations
RTA Sections: Section 20 (1)

👥 Parties involved

Landlord: Arif Popotia
Landlord Rep: Self Represented
Tenant: Autumn Cross
Tenant Rep: Self Represented
Adjudicator: Peter Pavlovic
Keywords: maintenance failure, leaking ceiling, rent abatement, property damage

⚖️ Decision summary

Landlord to pay total of $3,928.00 by August 28, 2023.
Interest of 6.00% annually applies if payment is delayed past due date.

⚠️ Dispute summary

Tenant reported significant leaking issues that were not addressed, leading to property damage and uninhabitable conditions.

📑 Findings & determinations

Tenant entitled to rent abatement of $2,025.00.
Tenant awarded $1,800.00 for property damage.
Tenant awarded $50.00 for out-of-pocket expenses.
Landlord ordered to pay $53.00 application filing fee.

💡 Summary points

Tenant awarded $3,928.00 for damages and abatement due to maintenance issues.
Landlord failed to attend hearing; decision made based on tenant's evidence.
Tenant moved out due to unsatisfactory living conditions caused by maintenance neglect.
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