Last updated: July 22, 2024
Ordered by Sandra Macchione,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$513
to Tenant
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Citation: FRANCIS v MCDONALD, 2023 ONLTB 47623
File Number: LTB-T-001752-21
Hearing Date
Oct 2022
Order Date
Jul 17, 2023
Tenancy End Date
Sep 2023
The Landlord is ordered to pay the Tenant $513.00, which includes a rent abatement of $460.00 for November 2021 and $53.00 for the application fee. The Landlord is also ordered to cease harassing and interfering with the Tenant's reasonable enjoyment and lawful rights, including the right to have guests.
Tenant filed an application alleging that the Landlord substantially interfered with reasonable enjoyment, harassed, and interfered with vital services. The main issues were the Landlord's opposition to the Tenant's guest staying over and attempts to force the Tenant to vacate.
Landlord initially disputed the application of the Residential Tenancies Act but later filed his own LTB application, implicitly acknowledging the Act's applicability.
Landlord sent messages asking Tenant to stop having guests sleep over or pay additional rent. Landlord sent a letter to Tenant to vacate and called police to force vacancy.
Landlord attempted to evict Tenant without following proper legal procedures.
Continued harassment even after being informed of Tenant's rights, calling police to force Tenant to vacate
Tenant argued for her right to have guests and reasonable enjoyment of the rental unit.
Tenant had a verbal altercation with the Landlord and his sister on November 21, 2021. Tenant stopped having her son stay overnight on her own initiative after the incidents.
Tenant claimed to have filed an amended application, but there was no record of it in the Board's electronic file.
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Lawful Rent
$1,150
Application Fee
$53
Damages
$460
Ordered Amount
$513 (to Tenant)
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