Landlord Wins Harassment Case: Moezzam v Saini 2023
LTB dismisses Brampton tenant's harassment claims against landlord and agent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4 Wicklow, Brampton, ON L6X0J7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Nov 2021
Order Date
Aug 28, 2023
Dispute Summary
The tenant filed two applications against the landlords and their agent Giovanni aka John Villella (JV). The tenant alleged that JV substantially interfered with their reasonable enjoyment of the rental unit and harassed them. The tenant also alleged that the landlords collected or retained money illegally.
Determinations
- Tenant's applications dismissed
- No substantial interference or harassment by landlords or JV
- Landlord did not illegally obtain money from tenant
- Tenant vacated unit without proper notice, owes rent arrears
Case Study
The Landlord and Tenant Board found that the tenant did not provide sufficient evidence to show that the landlords or JV substantially interfered with the tenant's reasonable enjoyment or harassed the tenant. The Board also found that the landlord did not illegally obtain money from the tenant.
Arguments and Actions
Tenant
Actions
Tenant and his wife allege that JV acted in an arrogant manner, advised them the property was to be sold, and called their employers to discuss their personal affairs. Tenant and his wife felt they had no choice but to vacate the unit on November 20, 2019 due to the harassment.
Procedural Errors
Tenant failed to serve the landlords with a copy of his amended application in advance of the hearing as required.
Decision Summary
The Landlord and Tenant Board dismissed the tenant's applications. The Board found that the tenant did not provide sufficient evidence to show that the landlords or their agent substantially interfered with the tenant's reasonable enjoyment or harassed the tenant. The Board also found that the landlord did not illegally obtain money from the tenant.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$2,200
Rent Deposit
$2,200
Source
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