The applicant, a tenant operating a medical office, brought an urgent motion to compel the respondent landlord to repair and remediate the building due to significant disrepair, including a leaking roof, mold, and pests.
The applicant also sought an order for base rent to be paid into court and a commercial business standards reconciliation.
The respondent denied the allegations, stating repairs were underway, and questioned the applicant's motives, noting the application was commenced after he refused an offer to purchase the building.
The court granted the motion in part, ordering specific remedial work to be completed by the respondent.
However, the requests for rent payment into court (based on constructive eviction or security for costs) and forensic accounting were dismissed, as the court found the high bar for constructive eviction was not met and the other issues were not urgent or properly pleaded.
