Mcnally v Tang: LTB Dismisses Tenant Harassment Claim
Tenants' harassment claim against landlord dismissed due to post-tenancy incident
Summarized by RentZenLast updated: November 14, 2024
Case Summary
5487 Eaton, Burlington, ON L7L3S9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2022
Application Date
Dec 2022
Hearing Date
Jul 2024
Order Date
Sep 4, 2024
Dispute Summary
Tenants filed an application alleging that Landlords harassed, obstructed, coerced, threatened or interfered with them by calling the police after they vacated the rental unit. The Board found no jurisdiction as the incident occurred after tenancy termination.
Determinations
- Tenancy terminated on 2022-08-31
- Landlord contacted police on 2022-09-01
- Knife found in front yard
- No jurisdiction over post-tenancy incident
- Police contact was reasonable safety measure
Case Study
The Board lacks jurisdiction over incidents occurring after tenancy termination. Contacting police due to potential safety concerns does not constitute harassment.
Arguments and Actions
Landlord
Arguments
Police contact was reasonable safety measure
Actions
Contacted police after finding knife and 'Call Police' sign, concerned about potential safety risk
Tenant
Arguments
Landlord harassed tenants by calling police after move-out
Actions
Tenants moved out on August 31, 2022, and left a knife in the garden and a 'Call Police' sign
Decision Summary
The Tenant's application is dismissed due to lack of jurisdiction, as the alleged harassment occurred after the tenancy was terminated.
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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