Tenant Wins Rent Abatement After Landlord Ignores Serious Maintenance Issues

Background

James had been renting a two-bedroom apartment in Ottawa for $1,800/month for three years. In February 2025, he noticed water stains appearing on his bedroom ceiling. Within weeks, the problems escalated.

Property Details:

• Location: Ottawa, Ontario
• Monthly Rent: $1,800
• Unit Type: 2-bedroom apartment in a 6-unit building
• Lease Type: Month-to-month (after initial 1-year term)

The Problems

February 2025: Initial Water Damage

• Water stains appeared on bedroom ceiling
• James reported via text message to landlord
• Landlord said he would “look into it”

March 2025: Problems Worsen

• Black mold visible around the water stains
• Musty smell throughout the apartment
• James sent email with photos attached
• Landlord claimed it was “just cosmetic”

April 2025: Heating Issues

• Heating system became unreliable
• Some days the apartment was under 15°C
• James reported again via email
• No response from landlord

May-July 2025: Escalation

• Mold spread to the living room
• James developed respiratory issues (documented by doctor)
• Sent formal written letter via registered mail
• Landlord responded that repairs were “too expensive”

The LTB Application

In August 2025, James filed a T6 – Tenant Application About Maintenance through the Tribunals Ontario Portal.

For the official T6 form, visit tribunalsontario.ca/ltb/forms

Evidence Submitted:

1. Timeline of complaints — All text messages and emails
2. Photographs — 47 photos with timestamps showing mold progression
3. Videos — Showing water actively leaking during rainstorm
4. Doctor’s note — Linking respiratory symptoms to mold exposure
5. Registered mail receipt — Proving formal complaint was sent
6. Landlord’s response — Email admitting he wouldn’t repair due to cost

Filing fee paid: $53.00

The Hearing

The hearing took place on September 15, 2025, via Zoom.

James Presented:

• Chronological evidence package with all documentation
• Testimony about the impact on his health and quality of life
• Temperature logs he kept showing heating inadequacy
• Comparable rental listings showing market rent for properly maintained units

Landlord’s Response:

• The landlord attended but was largely unprepared
• Claimed he “didn’t think it was that serious”
• Offered to make repairs “eventually”
• Could not provide evidence of any maintenance attempts

The Decision

The adjudicator ruled in James’s favor, finding:

1. The landlord breached section 20 of the Residential Tenancies Act — The duty to maintain the rental unit in good state of repair
2. The problems were serious — Mold and heating issues affected health and habitability
3. The landlord was notified repeatedly — Written evidence proved multiple complaints over 6 months
4. The landlord’s failure was unreasonable — He admitted he chose not to repair due to cost

The Order Included:

• 20% rent abatement for 6 months = $2,160 credit to James
• Order to complete all repairs within 30 days
• Mold remediation by licensed professional required
• Heating system inspection and repair required
• If repairs not completed, James can request further remedies

Aftermath

The landlord completed the repairs by the deadline to avoid further penalties. James received his $2,160 abatement as a credit against future rent. He also obtained a commitment for an annual heating system inspection going forward.

Lessons Learned

For Tenants:

1. Document everything in writing — Texts and emails create a paper trail
2. Take timestamped photos/videos — Visual evidence is powerful at hearings
3. Keep a maintenance log — Note every issue, report, and response
4. Don’t withhold rent — File a T6 application instead to avoid eviction risk
5. Get medical documentation — If issues affect your health, see a doctor
6. Send a formal letter — Registered mail proves the landlord received your complaint

For Landlords:

1. Respond to complaints promptly — Ignoring them makes things worse at the LTB
2. Document your repair efforts — Keep receipts and records
3. Communicate in writing — Verbal promises can’t be proven later
4. Don’t dismiss tenant concerns — “Cosmetic” issues can become serious
5. Budget for maintenance — It’s a legal obligation, not optional

What Is Rent Abatement?

Rent abatement is a reduction in rent awarded to tenants when their landlord fails to maintain the property. The LTB calculates it based on:

• Severity of the issue — How much did it impact livability?
• Duration — How long did the problem persist?
• Landlord’s response — Did they try to fix it?
• Impact on tenant — Health issues, loss of use of space, etc.

Common abatement percentages range from 5% for minor issues to 50%+ for severe habitability problems.

Official Resources

• LTB Forms — Download T6 and other tenant forms
• Tribunals Ontario Portal — File applications online
• Legal Aid Ontario — Free legal help if you qualify

Derived from: LTB Procedures - Tribunals Ontario • Last updated: September 22, 2025

Disclaimer: This case study is for educational purposes only. It represents a common scenario but is not a real case. Always verify procedures with the official Tribunals Ontario website and consult a legal professional for advice specific to your situation.