Tenants Win Illegal Entry and Maintenance Case: De Neve v Lemieux 2024
Tenants awarded $833 in Ottawa rental dispute over illegal landlord entry and maintenance issues
Summarized by RentZenLast updated: October 13, 2024
Case Summary
227 Murray St, Ottawa, ON K1N5M9
Decision in favor of
tenant
Balance Owed to Tenants
$833
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
Apr 22, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords failed to meet their maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards. The Tenants also applied for an order determining that the Landlords, landlords' agent or superintendent entered the rental unit illegally and substantially interfered with the Tenants' reasonable enjoyment of the rental unit.
Determinations
- Landlords illegally entered the rental unit and substantially interfered with the Tenants' reasonable enjoyment of the rental unit
- Landlords breached their maintenance obligations under the Residential Tenancies Act, 2006
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on June 1, 2021 at approximately 5:30 p.m.
Decision Summary
The Tenants proved the Landlords illegally entered the rental unit and substantially interfered with the Tenants' reasonable enjoyment of the rental unit. The Tenants also proved the Landlords breached their maintenance obligations. The Landlords must pay the Tenants $833, which includes a rent abatement of $585 and $200 for out-of-pocket expenses.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,950
Application Fee
$48
Total Owing
$833 (Owed to Tenants)
Source
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