Muskan v Sarkar
Last updated: February 7, 2026
Order
Ordered by Brenda Mercer,Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Muskan v Sarkar, 2025 ONLTB 82596
File Number: LTB-T-054631-23
Timeline
Tenancy End Date
Aug 2023
Hearing Date
Sep 2025
Order Date
Oct 27, 2025
Decision
The Landlord is ordered to pay the Tenants $246.00 by November 7, 2025. This includes a $200.00 rent abatement for harassment and interference, and $48.00 for the filing fee. The tenancy was terminated on August 1, 2023, the date the Tenants moved out.
Dispute
Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment and harassed them during their four-month tenancy. The Tenants alleged that the Landlord threatened to tow their vehicle, demanded identification for guests, locked them out from the inside, and that the Landlord's son sent threatening messages impersonating a legal representative. The Landlord did not attend the hearing.
Determinations
- Landlord substantially interfered with Tenants' reasonable enjoyment
- Landlord harassed the Tenants
- Evidence of heat withholding was insufficient without temperature readings
- Moving expenses of $698.00 denied for lack of receipts
- Tenancy terminated effective 2023-08-01
- Landlord must pay rent abatement and filing fee
Landlord's Arguments
Actions and Evidence
The Landlord and his family allegedly locked the Tenants out when they stepped outside and the Landlord's son sent messages claiming 'non cooperation will only cause u problems'.
Procedural Errors
Failed to attend the hearing despite being properly served.
Considerations
Landlord's son impersonated a legal representative to threaten tenants; Landlord locked tenants out from the inside; Landlord's wife peered through windows.
Tenant's Arguments
Arguments
The Tenants argued that the Landlord's conduct, including threats and interference with vital services, breached their right to reasonable enjoyment of the rental unit.
Actions and Evidence
Tenant 3 testified that the family moved out after four months due to harassment. He stated the Landlord threatened to tow their vehicle and demanded identification and vehicle ownership documents for visitors.
Procedural Errors
Failed to provide receipts for moving expenses; failed to provide temperature readings for heat complaint.
Similar Cases
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Grob v Misty Holdings Inc.
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Armstrong v Rubio
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Toronto Community Housing Corporation v Godson
The LTB terminated the tenancy and ordered eviction due to substantial interference, property damage, and safety impairment, while granting a delayed eviction date under s. 83(1)(b).
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The Tenant's application alleging tenant rights violations was dismissed because the conduct occurred outside the one-year limitation period set out in subsection 29(2) of the Residential Tenancies Act, 2006.
Grob v Misty Holdings Inc.
The Landlord and Tenant Board denied the tenant's request to review an order that dismissed her tenant applications as abandoned after she disconnected from the hearing.
Armstrong v Rubio
The Tenant withdrew their application concerning illegal entry and substantial interference, and the LTB file was closed.
Toronto Community Housing Corporation v Godson
The LTB terminated the tenancy and ordered eviction due to substantial interference, property damage, and safety impairment, while granting a delayed eviction date under s. 83(1)(b).
Kapun v Urisha Investments Inc and Greenwin Corp
The Tenant's application alleging tenant rights violations was dismissed because the conduct occurred outside the one-year limitation period set out in subsection 29(2) of the Residential Tenancies Act, 2006.
Grob v Misty Holdings Inc.
The Landlord and Tenant Board denied the tenant's request to review an order that dismissed her tenant applications as abandoned after she disconnected from the hearing.
Hounsell v 1000690145 Ontario Inc
The LTB dismissed the tenant's T2 and T6 applications for maintenance failures and substantial interference, finding the landlord responded reasonably to flooding and repairs.
Maisuradze v Farag
A tenant application alleging substantial interference and harassment was dismissed as withdrawn at the hearing, and the landlord's request for costs was denied.
Branco v Shirley
A tenant's T2 application alleging substantial interference was dismissed because the tenant failed to comply with interim order requirements to amend the application and disclose evidence.
Beaulne v Krishnajaro and 2832197 Ontario Inc
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