Tenant Wins Substantial Interference Case: REYNOLDS v MOMELIFE MIRACLE REALTY
Tenant awarded $1359 after LTB finds landlord substantially interfered with reasonable enjoyment of rental unit in Milton
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1534 Devine Point, Milton, ON L9T7K6
Decision in favor of
tenant
Balance Owed to Tenant
$1,359
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
May 8, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord and 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.
Determinations
- Landlord's agent did not enter the rental unit illegally
- Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit or complex
- Landlord did not meet the obligation to ensure actions of other tenants do not substantially interfere with the Tenant's reasonable enjoyment
- Incidents did not amount to harassment as contemplated by the Act
Arguments and Actions
Landlord
Actions
Landlord's agent entered the kitchen, grabbed bar stools, and had a loud conversation in the complex. Landlord's agent told the Tenant that if he didn't like the issues, he could move out.
Tenant
Actions
Tenant received a notice of attornment, felt intimidated by the Landlord's agent, experienced noise issues and safety concerns with other tenants, and brought these issues to the Landlord's agent.
Decision Summary
The Tenant proved the allegations relating to substantial interference on a balance of probabilities. The Landlord must pay the Tenant $1,359.00, which includes a $1,306.00 rent abatement and $53.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Application Fee
$53
Total Owing
$1,359 (Owed to Tenant)
Source
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