Yeung v Liu - LTB Ruling on Harassment and Bad Faith Eviction
Landlord ordered to pay tenant $7938 for harassment and assault in North York rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
81 Harlandale Ave, North York, ON M2N1N9
Dispute resolved in
agreement
Balance Owed to Tenant
$7,939
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2024
Order Date
Aug 21, 2024
Dispute Summary
Tenant applied for an order determining that the Landlords substantially interfered with the reasonable enjoyment of the rental unit, harassed, obstructed, coerced, threatened or interfered with the Tenant, and served the Tenant a notice of termination in bad faith.
Determinations
- Landlords served valid N12 notice
- Tenant did not move out due to N12 notice
- Landlords moved into the rental unit
- Landlord assaulted Tenant, constituting harassment
- Tenant entitled to rent abatement and increased rent compensation
Arguments and Actions
Landlord
Actions
Landlord JL admitted to the altercation but provided a different perspective, claiming that the confrontation was not related to the rental issues but was a reaction to what he perceived as severe personal insults from the Tenant.
Tenant
Actions
Tenant told the Board that he decided to leave the property due to safety concerns, particularly after being advised by the police to do so following the alleged harassment, coercion, and assault by Landlord JL.
Aggravating Factors
Tenant insulted Landlord, questioned his manhood, and made derogatory remarks about his mental health
Decision Summary
The Tenant's T5 application was dismissed as the Tenant did not move out due to the N12 notice and the Landlords did move into the rental unit. However, the Landlord's assault on the Tenant constituted harassment, and the Tenant is entitled to a rent abatement and increased rent compensation.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Application Fee
$48
Total Owing
$7,939 (Owed to Tenant)
Source
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