Landlord Ordered to Pay Tenant $12242 for Harassment and Interference - Presendieu v 10065285 Canada Inc
Landlord ordered to pay tenant over $12000 for harassment, illegal entry, and interference with tenant's rights
Summarized by RentZenLast updated: July 26, 2024
Case Summary
175 Mountshannon Boulevard, Nepean, ON K2J4M9
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Apr 2019
Order Date
Jan 13, 2021
Dispute Summary
Tenant filed applications alleging that the Landlord entered the rental unit illegally, substantially interfered with his reasonable enjoyment, and discontinued several services. The Landlord argued there was no landlord-tenant relationship.
Determinations
- Landlord entered rental unit illegally on February 21, 2019
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Landlord discontinued internet service from November 14 to December 11, 2018
- Landlord discontinued rent collection service on December 1, 2018
- Landlord harassed, threatened and interfered with Tenant's rights
- Landlord altered locking system without providing replacement keys
- Landlord deliberately interfered with supply of vital services
Case Study
The Board has jurisdiction to hear this matter as there is a landlord-tenant relationship between the parties. The Landlord failed to provide adequate notice prior to entering the rental unit and substantially interfered with the Tenant's reasonable enjoyment. The Landlord also discontinued certain services without proper notice or compensation.
Arguments and Actions
Landlord
Arguments
Landlord argued the matter could not be adjudicated in writing and an in-person hearing was necessary.
Actions
Landlord argued there was no landlord-tenant relationship and the Board lacks jurisdiction.
Tenant
Arguments
Tenant argued there was a landlord-tenant relationship and the Board has jurisdiction to hear the matter.
Actions
Tenant reported Landlord's agent damaged main entrance lock and door frame when forcibly entering rental unit on February 21, 2019.
Decision Summary
The Landlord harassed, threatened and interfered with the Tenant's rights, including illegally entering the rental unit, altering the locking system, and deliberately interfering with the supply of vital services. The Landlord is ordered to pay the Tenant $12,242.30 for various damages and expenses.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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