Xu v Wu - Landlord Tenant Dispute Over Rental Unit Access and Harassment
LTB orders landlord to pay tenants $548 for harassment and interference with reasonable enjoyment in Kanata rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 223 Knudson Dr, Kanata, ON K2K2N7
Dispute resolved in
agreement
Balance Owed to Tenants
$548
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2022
Order Date
Apr 4, 2023
Dispute Summary
The Tenants applied for an order determining that the Landlord: entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenants replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of the Tenants' household, harassed, obstructed, coerced, threatened or interfered with the Tenants, and withheld or interfered with the Tenants' vital services or care services and meals in the care home.
Determinations
- Residential Tenancies Act applies to this tenancy
- Landlord does not live in the building
- Landlord changed locks to basement, not rental unit
- Landlord did not deliberately interfere with vital service
- Landlord entered property but not rental unit
- Landlord substantially interfered with reasonable enjoyment
- Landlord harassed Tenants
Case Study
The Landlord does use the basement occasionally for his personal use, but his habitual or primary abode is in Montreal. The Landlord's occasional usage of the kitchen is not sufficient to result in the rental unit being exempt from the Residential Tenancies Act. The Tenants have proved on a balance of probabilities some of the claims of harassment or substantial interference by the Landlord, including threatening the Tenants with fines for late rent and making threatening gestures towards the Tenants and their paralegal.
Arguments and Actions
Landlord
Actions
Landlord testified that he changed the locks to the basement because the Tenants were entering his personal space and playing with the power panel, which could be dangerous.
Tenant
Actions
Tenants testified that the Landlord changed the locks to the basement where they stored their belongings, and the Landlord threatened to throw out their belongings.
Decision Summary
The Tenants have been granted a lump sum rent abatement of $500.00 and the Landlord must pay the Tenants $548.00 by April 30, 2023. If the Landlord does not pay by the due date, the Tenants may deduct the amount from the rent in May 2023 and the Landlord will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Application Fee
$48
Total Owing
$548 (Owed to Tenants)
Source
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