SL v S** JC
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Agree with the ruling?
Citation: SL v SF, JC, 2017 CanLII 48730 (ON LTB)
File Number: EAT-52665-15EAL-56673-16EAL-55398-16
Timeline
Application Date
Oct 2015
Hearing Date
Feb 2016
Tenancy End Date
Apr 2016
Order Date
Jan 31, 2017
Decision
The tenancy was terminated on April 30, 2016. The landlords were ordered to pay the tenant $400 for the illegal damage deposit and interest, and $3,500 in general damages, by June 30, 2016. If the landlords did not make the payments by the due date, they would owe interest on the outstanding balance.
Dispute
The tenant filed multiple applications against the landlords for harassment, illegal entry, interference with reasonable enjoyment, withholding vital services, and illegal charges. The landlord also filed an application against the tenant for substantially interfering with another tenant's reasonable enjoyment. The applications were heard over two dates and the parties eventually reached a settlement agreement.
Determinations
- Landlord's lease clause requiring damage deposit is illegal
- Landlord cannot require post-dated cheques for rent
- Landlord failed to comply with contractual rent increase
- Landlord's actions could lead to administrative fine for disregarding RTA
Landlord's Arguments
Procedural Errors
Landlord's representative was not a licensed paralegal or lawyer and could not legally represent the landlords
Tenant's Arguments
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