Di Pierdomenico v Smith

Split/Other wins · North York · 2021-06-07

Adjudicator

Nancy Morris

Dispute

Harassment, Illegal Entry, Illegal Retention Of Last Month'S Rent Deposit, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

E.D.P., N.S.

Tenant

B.S., H.S.

Tenant rep

M. Zarnett

What happened

The Landlords applied to terminate the tenancy and evict the Tenants for non-payment of rent. The Tenants applied for orders related to the Landlords illegally retaining the last month's rent deposit, withholding interest on the deposit, and substantially interfering with their reasonable enjoyment of the rental unit through harassment, obstruction, threats, and illegal entries.

The ruling

The tenancy terminated on June 30, 2020 when the Tenants vacated. The Tenants owed the Landlords $2,648, but this was offset by the $2,648 the Landlords owed the Tenants for denial of access, interference with reasonable enjoyment, and illegal entry. The Landlords were ordered to pay the Tenants $50 for the cost of filing their T2 application.