FRANCIS v MCDONALD: Tenant Rights Upheld in Harassment Case
Mississauga tenant awarded $513 for landlord harassment and interference with rights
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 4470 Tucana Court, Mississauga, ON L5R3K8
Decision in favor of
tenant
Balance Owed to Tenant
$513
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Oct 2022
Order Date
Jul 17, 2023
Tenancy End Date
Sep 2023
Dispute Summary
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.
Determinations
- Clause in lease agreement limiting residence to single person does not waive Tenant's right to have guests
- Landlord did not interfere with vital service of electricity
- Landlord harassed and interfered with Tenant's rights
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Landlord's actions caused uncertainty, fear, and stress for Tenant
- Rent abatement of 40% for November 2021 is reasonable
Case Study
The Tenant's rights to have guests and reasonable enjoyment were violated by the Landlord's actions. The Landlord's attempts to evict the Tenant without proper legal process constituted harassment. The Landlord could have addressed any legitimate concerns through proper legal channels instead of taking matters into his own hands.
Arguments and Actions
Landlord
Arguments
Landlord initially disputed the application of the Residential Tenancies Act but later filed his own LTB application, implicitly acknowledging the Act's applicability.
Actions
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.
Procedural Errors
Landlord attempted to evict Tenant without following proper legal procedures.
Aggravating Factors
Continued harassment even after being informed of Tenant's rights, calling police to force Tenant to vacate
Tenant
Arguments
Tenant argued for her right to have guests and reasonable enjoyment of the rental unit.
Actions
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.
Procedural Errors
Tenant claimed to have filed an amended application, but there was no record of it in the Board's electronic file.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,150
Application Fee
$53
Damages
$460
Total Owing
$513 (Owed to Tenant)
Source
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