Landlord Fined $1000 for Harassment in Pasculli v Sharif Case: Pasculli v Sharif 2022
Landlord fined $1000 for harassment tactics against tenant in Maple rental dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
10394 Keele Street, Maple, ON L6A4M9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2020
Hearing Date
Sep 2021
Order Date
Feb 11, 2022
Dispute Summary
The Tenant filed a T2 application alleging that the Landlord substantially interfered with her reasonable enjoyment of the rental unit and harassed her. The Tenant's allegations include the Landlord restricting her access to the laundry facilities, trying to restrict her boyfriend from attending the rental unit and residential complex, and using video surveillance to monitor her and her boyfriend.
Determinations
- Landlord cannot rely on tenancy agreement to restrict Tenant's guests or roommates
- Landlord's attempt to impose illegal rent increase and issue N5 notice for improper purpose constituted harassment
- Landlord's conduct in trying to restrict Tenant's boyfriend constituted substantial interference
- Landlord's use of video surveillance in common areas did not constitute substantial interference
- Tenant's allegation regarding Landlord's email in 2018 is out of time
Case Study
The Landlord's attempt to impose an illegal rent increase and terminate the tenancy for no proper purpose constituted harassment. However, the Landlord's use of video surveillance in the common areas did not constitute substantial interference as the Tenant did not have a reasonable expectation of privacy in those areas.
Arguments and Actions
Landlord
Aggravating Factors
Attempting to impose illegal rent increase, issuing N5 notice for improper purpose
Decision Summary
The Landlord's attempt to impose an illegal rent increase and terminate the tenancy for no proper purpose constituted harassment. The Landlord is ordered to pay an administrative fine of $1,000 to the Landlord and Tenant Board.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$800
Administrative Fine Payable to LTB
$1,000
Fine Payable By: Landlord
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.