Tenant Wins Substantial Interference Case: Riley v Li 2024
Tenant awarded $1348 after landlord's invasive actions and unauthorized unit entry in North York rooming house
Summarized by RentZenLast updated: November 14, 2024
Case Summary
306 Cook Rd, North York, ON M3J0C2
Decision in favor of
tenant
Balance Owed to Tenant
$1,348
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2022
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Dispute Summary
Tenant applied for an order alleging substantial interference with reasonable enjoyment, harassment, and interference with services by the Landlord, specifically related to incidents involving guests and unauthorized entry into the rental unit.
Determinations
- Landlord entered tenant's unit without consent
- Landlord berated tenant and guests
- Landlord falsely called police
- Tenant has right to have guests
- Landlord created hostile environment
Case Study
The Board found that the Landlord substantially interfered with the Tenant's reasonable enjoyment by entering the unit without consent, berating the Tenant and guests, and falsely calling the police.
Arguments and Actions
Landlord
Arguments
Claimed concern about unauthorized occupants
Actions
Entered tenant's unit without consent, called police falsely claiming attack
Procedural Errors
Entered unit without consent, made false police report
Aggravating Factors
Unauthorized entry into tenant's unit, false police report, aggressive behavior towards tenant and guests
Tenant
Arguments
Landlord violated right to have guests, entered unit without consent
Actions
Informed landlord about guest staying, allowed sister to visit
Decision Summary
The Landlord must pay the Tenant $1,348.00 for substantial interference, which includes $1,300.00 in damages and $48.00 for the application fee, to be paid by September 8, 2024.
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
Application Fee
$48
Damages
$1,300
Total Owing
$1,348 (Owed to Tenant)
Source
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