BOYCE v UMBERTINESI

Landlord wins · Woodbridge · 2024-07-24

Adjudicator

Jonathan Rosenstein

Dispute

Harassment, Illegal Rent Increase

Notice

Personal use (N12)

Amount

$5-10K

Landlord

M.U., F.U.

Tenant

R.B.

Landlord rep

David Ciobotaru

Tenant rep

Goby Arumai

What happened

Tenant applied for an order determining that the Landlord and Landlord's Agent harassed, obstructed, coerced, threatened or interfered with the Tenant, and collected or retained money illegally. The Tenant sought compensation and repayment of rent paid due to an illegal rent increase.

The ruling

The Landlord's Agent's language in text messages was found to be understandable frustration, not harassment. The Tenant left the rental unit in response to the N12 notice, not due to the Agent's conduct. The Tenant's claim for compensation was granted, but set off against the outstanding arrears order. The claim for illegal rent increase was dismissed as outside the 1-year limitation period.