BOYCE v UMBERTINESI - 2024 ONLTB 40259
LTB dismisses tenant's harassment and illegal rent increase claims against landlord, but grants compensation to be set off against outstanding arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
52 Brougham Dr, Woodbridge, ON L4L3E1
Decision in favor of
landlord
Balance Owed to Landlord
$9,136
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
Jul 24, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord and Landlord's Agent harassed, obstructed, coerced, threatened or interfered with the Tenant, and collected or retained money illegally. The Tenant sought compensation and repayment of rent paid due to an illegal rent increase.
Determinations
- T2 application provided sufficient particulars
- Late evidence accepted but Landlord declined adjournment
- Landlord did not engage in improper behavior to compel Tenant to leave
- Compensation not paid but set off against outstanding arrears order
- Claim for illegal rent increase dismissed as outside 1-year limitation period
Arguments and Actions
Landlord
Actions
Landlord's Agent's language in text messages was found to be understandable frustration, not harassment.
Tenant
Actions
Tenant left the rental unit in response to the N12 notice.
Decision Summary
The Landlord's Agent's language in text messages was found to be understandable frustration, not harassment. The Tenant left the rental unit in response to the N12 notice, not due to the Agent's conduct. The Tenant's claim for compensation was granted, but set off against the outstanding arrears order. The claim for illegal rent increase was dismissed as outside the 1-year limitation period.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
91.7%
Tenant Favorable
0.0%
Mutual Agreement
8.3%
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Financial Details
Rent Arrears
$10,926
Total Owing
$9,136 (Owed to Landlord)
Source
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