Tenant Wins $4567 in Harassment and Maintenance Case: Singh v Aftab 2024
Tenant awarded $4567 after landlord harassed him and failed to maintain rental property in Kingston
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1 Elmwood St, Kingston, ON K7M2Y8
Decision in favor of
tenant
Balance Owed to Tenant
$4,567
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
May 2022
Application Date
Dec 2022
Hearing Date
Jun 2024
Order Date
Jun 28, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord entered the rental unit illegally, substantially interfered with the reasonable enjoyment of the rental unit, harassed, obstructed, coerced, threatened or interfered with the Tenant, and failed to meet the Landlord's maintenance obligations.
Determinations
- Tenant proved allegations on a balance of probabilities
- Landlord must pay $4,567.24 to Tenant
- Tenancy commenced on 2022-03-27 and ended on 2022-05-15
- Monthly rent was $1,800 plus utilities
- Tenant paid $3,600 for first and last month's rent
- Rental unit was a main floor with a separate basement unit
- Tenant immediately faced issues with the unit upon move-in
- Landlord failed to address maintenance issues
- Landlord's actions amounted to harassment, threats, and substantial interference
- Landlord's actions forced Tenant to vacate the rental unit
Arguments and Actions
Landlord
Actions
Landlord yelled at Tenant for opening windows to air out unit, reduced Tenant's parking, prevented Tenant from using garage and laundry room, and continuously texted Tenant asking when he was leaving.
Aggravating Factors
Landlord prevented Tenant from using garage, parking spots, and front yard. Landlord continuously texted Tenant asking when he was leaving.
Tenant
Actions
Tenant vacated the rental unit on May 15, 2022 due to Landlord's actions.
Decision Summary
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord must pay the Tenant $4,567.24, which includes a rent abatement, increased rent, moving expenses, and other out-of-pocket expenses.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,800
Application Fee
$48
Rent Deposit
$1,800
Other Owed Amount
$2,400
Increased rent for 1 year after Tenant left
Total Owing
$4,567 (Owed to Tenant)
Source
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