Landlord Loses Harassment Case: Rashidian v Khodadadinejad 2022
Landlord Ordered to Pay for Harassment in Richmond Hill Rent Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
21 Cartier Crescent N, Richmond Hill, ON L4C2M9
Decision in favor of
landlord
Balance Owed to Landlord
$1,983
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Tenancy End Date
Mar 2021
Hearing Date
Dec 2021
Order Date
Feb 18, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on March 1, 2021, prior to the hearing date.
Determinations
- Landlord collected three $1,900.00 deposits
- Landlord's conduct in repeatedly attending unit and communicating with Tenant about rent constitutes harassment
- Lawful monthly rent was $1,950.00
- One deposit applied to October 2020 rent, one to November 2020 rent
- Remaining $1,900.00 deposit is last month's rent deposit
- Tenant paid no rent from December 1, 2020 to March 1, 2021
- Tenant returned keys and vacated on March 1, 2021
Case Study
The Landlord did not prove on the balance of probabilities that the Landlord applied one of the illegal deposits to the rent for June 2020. The Landlord's conduct in repeatedly attending the rental unit and communicating with the Tenant about the rent constitutes harassment under the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Landlord argued that her communications were culturally appropriate and that she had a right to speak to Tenant as she pleased as long as it was not illegal.
Actions
Landlord repeatedly attended the rental unit and communicated with Tenant about the rent, including making insulting and demeaning comments.
Tenant
Actions
Tenant vacated the rental unit on March 1, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective March 1, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $1,983.05 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The Landlord is ordered to pay the Tenant $1,923.29 as an abatement for harassment.
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
$1,950
Rent Arrears
$5,822
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$100
Total Owing
$1,983 (Owed to 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.