Tenant Wins Against Harassing Landlord: Russell v Crowley, King
Tenant awarded $2088 after landlord disconnects stove, illegally enters unit, and makes discriminatory comments
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 51 Harland Crescent, Ajax, ON L1S1K1
Decision in favor of
tenant
Balance Owed to Tenant
$2,088
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Oct 2021
Order Date
Dec 29, 2021
Dispute Summary
Tenant applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with the Tenant; entered the rental unit illegally; and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household.
Determinations
- Landlord illegally entered the rental unit on May 24 and 25, 2020
- Landlord substantially interfered with the Tenant's reasonable enjoyment by disconnecting the stove
- Landlord harassed the Tenant through illegal notice of termination, threats, and discriminatory comments
- Landlord substantially interfered with the Tenant's access to internet
Case Study
The Landlord's actions were unacceptable and showed a blatant disregard for the legislation and the Tenant's rights under the Act. The Landlord substantially interfered with the Tenant's reasonable enjoyment by deliberately disconnecting the stove and leaving the Tenant without a stove for over 100 days. The Landlord's illegal entry into the unit to show the rental unit to prospective Tenants, the handwritten notice of termination, and the discriminatory comments demonstrated harassment and substantial interference. The Landlord is not permitted to take the law into their own hands and must follow the proper procedures under the Act.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant had been tampering with the smoke detector, justifying the Landlord's actions.
Actions
Landlord disconnected the stove, illegally entered the rental unit, served an illegal notice of termination, and made discriminatory comments about the Tenant's financial and employment status.
Procedural Errors
Landlord did not follow proper procedures under the Act, such as serving a valid notice of termination and obtaining a Board order before taking action.
Aggravating Factors
Landlord's actions showed a blatant disregard for the Tenant's rights under the Act. Landlord took the law into their own hands instead of following proper procedures.
Decision Summary
The Landlord substantially interfered with the Tenant's reasonable enjoyment by disconnecting the stove, illegally entering the rental unit, and harassing the Tenant. The Tenant is entitled to a rent abatement of $1,810.10 and reimbursement of $232.91 for out-of-pocket expenses. The Landlord must pay the Tenant the full amount of $2,088.01 by January 9, 2022, or will owe interest.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$680
Application Fee
$45
Total Owing
$2,088 (Owed to Tenant)
Source
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