Zaza v Babulal

Tenant wins · Mississauga · 2024-08-07

Adjudicator

E. Patrick Shea

Dispute

Harassment, Substantial Interference

Notice

Non-payment of rent (N4), Termination (N9)

Amount

<$5K

Landlord

H.B.

Tenant

S.Z., S.Z.

Landlord rep

Anthony DiCaita

Tenant rep

Angela Smith

What happened

The Tenants applied for an order determining that the Landlord: (a) substantially interfered with their reasonable enjoyment of the rental unit or residential complex; and (b) harassed and coerced them. The Tenants alleged that after they refused to sign an N9 notice and N11 agreement, the Landlord: (a) asked them to pay for the parking spot they had been using; (b) refused to continue the long-established practice for payment of rent; (c) interrupted the supply of electricity to the unit; and (d) reported them to the Children's Aid Society.

The ruling

The Landlord's actions and conduct, including raising issues with parking, rent payment, and electricity after the Tenants refused to sign an N9 notice and N11 agreement, constituted harassment and substantially interfered with the Tenants' reasonable enjoyment of the unit. The Tenants are awarded a rent abatement of $1,000 and general compensation of $2,000 for the Landlord's improper actions. The Tenants' request for a rent differential, moving costs, and an administrative fine were denied.