SS · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
37 Tenant's remedies
agreement or contravenes this Act, the tenant may apply to a court
for one or more of the following remedies:
(a) recovery of damages resulting from the breach or
contravention;
(b) abatement of rent to the extent that the breach or
contravention deprives the tenant of the benefit of the
residential tenancy agreement;
(c) compensation for the cost of performing the landlord's
obligations;
(d) termination of the tenanc y by reason of the breach or
contravention if in the opinion of the court the breach or
contravention is of such significance that the tenancy should
be terminated.
(2) An application under subsection (1) must be supported by an
affidavit setting out the following:
(a) if a claim is made for the recovery of damages resulting
from a breach of the residential tenancy agreement or a
contravention of this Act, the details of the breach or
contravention and the amount of damages claimed;
(b) if a claim is made for abat ement of rent by reason of a
breach of a residential tenancy agreement or a contravention
of this Act,
(i) the rent payable under the residential tenancy agreement,
(ii) the details of the breach or contravention,
(iii) the benefit of the residential tenancy agreement that the
tenant was deprived of, and
(iv) the amount of re nt abatement claimed;
(c) if a claim is made for compensation for the cost of
performing the landlord's obligations,
(i) the rent payable under the residential tenancy agreement,
(ii) the details of the breach of the residential tenancy
agreement or of the contravention of this Act,
(iii) the obligations performed on the landlord's behalf, and
(iv) the amount of compensation claimed;
(d) if a claim is made for termination of the tenancy by reason
of a breach of the residential tenancy agreement or a
contravention of this Act, the details of the breach or
contravention and the requested termination date.