Landlord Ordered to Pay Tenant $6048 for Interference in Etobicoke Rental Dispute: Aldairi v Tova Anderson 2023
Etobicoke landlord ordered to pay tenant $6048 for interference with roommates and negative media coverage
Summarized by RentZenLast updated: August 6, 2024
Case Summary
311 Thirtieth Street, Etobicoke, ON M8W3E4
Dispute resolved in
agreement
Balance Owed to Landlord
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
Jul 2022
Order Date
Oct 19, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and for the Tenant altering the rental unit and operating an unlicensed rooming house. The Tenant filed a T2 application asserting the Landlord illegally entered the rental unit, substantially interfered with his reasonable enjoyment of the unit, harassed him, and withheld vital services.
Determinations
- Landlord served valid N4, N6 and N7 notices
- Tenant took on paying roommates
- Tenant installed temporary wall in basement
- Landlord asserted Tenant operated unlicensed rooming house
- Landlord entered unit without proper notice on Nov 1 and 5, 2021
- Landlord interfered in Tenant's relationship with roommates
- Landlord instigated neighbours to surveil Tenant
- Landlord facilitated negative CBC article about Tenant
Case Study
The Landlord entered the unit without proper notice on two occasions - November 1 and 5, 2021. The Landlord interfered in the relationship between the Tenant and his roommates, which substantially interfered with the Tenant's reasonable enjoyment of the unit. The Landlord instigated the neighbours to surveil the Tenant and facilitated a negative story about the Tenant being published by CBC, which also substantially interfered with the Tenant's reasonable enjoyment of the unit. The Tenant is entitled to a rent abatement of $6,000 and reimbursement of the $48 filing fee.
Arguments and Actions
Landlord
Actions
Landlord entered unit without proper notice, interacted directly with Tenant's roommates, and provided misleading information to CBC
Aggravating Factors
Landlord interfered with Tenant's relationship with roommates, instigated neighbours to surveil Tenant, and facilitated negative media coverage
Tenant
Actions
Tenant took on paying roommates and installed temporary wall in basement
Decision Summary
The Landlord's L2 application is withdrawn. The Landlord shall pay the Tenant $6,048 (including $6,000 rent abatement and $48 filing fee). The Tenant may set off this amount against the rent owed. If the parties cannot agree on the net rent owed and a payment plan by November 15, 2023, they may make written submissions to the LTB. The Tenant shall pay the lawful monthly rent going forward, and the Landlord may apply for an order terminating the tenancy if the Tenant fails to do so.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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Financial Details
Rent Arrears
$26,520
Application Fee
$186
Damages
$13,849
Source
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