Landlord Fined $500 for Harassing Tenant in Markham Rental Dispute: Singh v Constantine 2023
Landlord fined $500 for harassing tenant in Markham rental dispute, tenant awarded $150 for moving costs
Summarized by RentZenLast updated: August 6, 2024
Case Summary
2 Hampstead Court, Markham, ON L3R3S7
Decision in favor of
tenant
Balance Owed to Tenant
$198
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Dec 11, 2023
Dispute Summary
Tenant applied for an order determining that Landlord and Landlord's Agent harassed, obstructed, coerced, threatened or interfered with the Tenant. The Tenant alleged that the Landlord demanded increased rent after the end of the fixed term lease or that the Tenant move out, and the Landlord did not permit the Tenant to park his vehicle on the premises after the expiry of the fixed term lease.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2022-09-08
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Landlord's conduct, including demanding that the Tenant pays a higher rent or move out and preventing the Tenant from parking in the driveway, was unwelcome and without any lawful basis, and as such amounted to harassment. The Landlord had no right to request an increased rent after the expiry of the fixed term lease, as the tenancy was renewed as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement, including the same rent and same rights and obligations, such as parking.
Arguments and Actions
Landlord
Actions
Landlord denied making phone calls during inappropriate times or threatening to call the police. Landlord also denied attempting to raise the rent unlawfully.
Tenant
Actions
Tenant moved out of the rental unit because of the conduct of the Landlord and the Landlord's Agent.
Decision Summary
The Landlord and the Landlord's Agent were found to have harassed the Tenant by demanding increased rent after the expiry of the fixed term lease and preventing the Tenant from parking his vehicle on the premises. The Tenant is awarded $150 for moving expenses and the Landlord is ordered to pay a $500 administrative fine.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,350
Application Fee
$48
Administrative Fine Payable to LTB
$500
Total Owing
$198 (Owed to Tenant)
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.