CUERVO-LORENS v ZHANG - Landlord Ordered to Pay Tenant $553 for Illegal Entry
Landlord ordered to pay tenant $553 for illegal entry and reimbursement of application fee
Summarized by RentZenLast updated: September 12, 2024
Case Summary
429 Ladycroft Terrace, Mississauga, ON L5A0A7
Dispute resolved in
agreement
Balance Owed to Tenant
$553
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2021
Hearing Date
Oct 2022
Order Date
Oct 31, 2023
Dispute Summary
The Tenant applied for an order determining that the Landlord and the Landlord's Agent: entered the rental unit illegally, substantially interfered with the reasonable enjoyment of the rental unit or residential complex, and harassed, obstructed, coerced, threatened or interfered with the Tenant. The parties agreed to amend the application to adjust the Tenant's requested abatement amount and remove remedies related to a separate proceeding.
Determinations
- Landlord served valid notices of entry, except for February 14, 2021
- No new lease agreement, tenancy continued month-to-month
- Multiple N4 notices not harassment or substantial interference
- Tenant must pay Landlord's application filing fee
Case Study
The Landlord served valid notices of entry in accordance with the Residential Tenancies Act, 2006, except for the entry on February 14, 2021 without notice, which was found to be illegal. The Tenant did not have a new lease agreement with the Landlord, and the tenancy continued on a month-to-month basis after the original lease ended. The Landlord's service of multiple N4 notices was not found to be harassment or substantial interference. The Tenant was ordered to pay the Landlord's application filing fee.
Arguments and Actions
Tenant
Actions
Tenant discovered Landlord and Landlord's Agent entered unit without notice on February 14, 2021.
Decision Summary
The Landlord and Landlord's Agent are ordered to pay the Tenant $553, which includes a $500 rent abatement for the illegal entry on February 14, 2021 and reimbursement of the $53 application filing fee. The Landlord and Landlord's Agent did not substantially interfere with the Tenant's reasonable enjoyment or harass the Tenant with respect to the other allegations.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Application Fee
$53
Total Owing
$553 (Owed to Tenant)
Source
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