Landlord Harassment and Intimidation: Understanding Your Rights and Remedies in Ontario

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Landlord Harassment and Intimidation: Understanding Your Rights and Remedies in Ontario

Landlord harassment represents one of the most insidious violations of tenant rights in Ontario's rental market. Unlike dramatic evictions or property damage, harassment often involves a pattern of persistent, unwelcome conduct designed to make tenants uncomfortable, compliant, or willing to leave. Recent analysis of Landlord and Tenant Board (LTB) decisions reveals the various forms harassment can take, the legal standards applied, and the substantial remedies available to tenants who face this type of misconduct.

Understanding Harassment Under Ontario Law

The Residential Tenancies Act (RTA) doesn't provide a specific definition of harassment, but LTB decisions have established clear principles. As noted in stork-v-kok-20250331, "Generally, harassment is a behaviour that persists over time, but serious one-time incidents can also sometimes be considered harassment."

The key elements of harassment include:

  • Persistent unwelcome conduct that continues despite requests to stop
  • Behavior that would be unwelcome to a reasonable person
  • Conduct that substantially interferes with a tenant's reasonable enjoyment
  • Actions that serve no legitimate landlord purpose

Common Forms of Landlord Harassment

1. Excessive Communication and Pressure Tactics

One of the most frequent forms of harassment involves landlords bombarding tenants with calls, texts, and demands. In SA-v-AS-20170612, the landlord made "repeated phone calls to pressure the Tenant to move" after serving invalid termination notices. The Board found this conduct constituted harassment and awarded the tenant $200 in rent abatement.

Even more severe was T.N.N.-v-A.M.B.-20161004, where the landlord's "repeated warnings to the Tenant about leaving her light on, her window open, and wearing her shoes in the rental unit, in the absence of any negative consequences, did not address behaviour that the Landlord had any legitimate say about." The Board found this conduct "amounted to harassment of the Tenant" and awarded $480 in rent abatement.

2. Threats and Intimidation

Some landlords resort to direct threats and intimidating behavior. In ET-v-LW-20150915, the landlord's "communications with the Tenant on May 4, 2015 and May 12, 2015 constituted harassment and substantial interference with the Tenant's reasonable enjoyment." The tenant was awarded $300 in rent abatement and the landlord was "prohibited from sending the Tenant any threatening or insulting correspondence."

3. Accusations and False Claims

Landlords sometimes harass tenants through unfounded accusations. In JS-v-NR-CR-2018-TST-89600-17, the landlord sent an email stating "How about if I ask you for compensation for the Camera [sic] that was in my space that was removed, which I do have footage of! Any comments on that?" The Board found this "accusatory email about a stolen camera was deemed to be harassment" and awarded the tenant $250 plus filing fees.

4. Sexual Harassment

The most serious cases involve sexual harassment. In CM-v-MA-20140414, the landlord's superintendent sexually harassed the tenant, and the landlord showed a "dismissive and scornful attitude towards the harassment." The Board found this "a serious breach of the Landlord's responsibilities under the Residential Tenancies Act" and awarded the tenant $1,000 in rent abatement while denying the landlord's eviction application.

5. Improper Property Disposal

Harassment can also involve improper handling of tenant belongings. In HE-and-WA-v-AT-20151023, the landlord's agent placed "the Tenants' remaining personal property in the back yard" which "contravened the Act and constituted substantial interference and harassment." The tenants were awarded $747.50 in compensation.

When Conduct Crosses the Line

Not all unwelcome landlord behavior constitutes harassment. The LTB applies specific standards to determine when conduct becomes legally actionable:

Legitimate vs. Illegitimate Conduct

In LR-v-MARC-20180726, the Board found that the landlord's "actions regarding treating the unit for cockroaches, responding to the Tenant's requests for key fobs, and removing a bucket from the Tenant's parking spot did not amount to harassment or substantial interference." These were legitimate landlord activities.

Similarly, in RM-v-CN-2015-CET-50271-15, the Board found that "The removal of the extra lock did not rise to the level of harassment" and that a "yelling incident was mutual and did not rise to level of harassment or substantial interference."

Pattern vs. Isolated Incidents

The LTB typically looks for patterns of behavior rather than isolated incidents. In Ma-v-Zhang-20211018, the Board found "The Landlord's harassment and interference constituted a pattern of harassment, not a single incident" and awarded the tenant $4,200 for rent differential plus filing fees.

The Financial Consequences of Harassment

When landlords are found to have harassed tenants, the financial penalties can be substantial:

Rent Abatements and Compensation

Additional Consequences

Beyond monetary awards, landlords face:

  • Prohibition orders preventing further harassment
  • Dismissal of their own applications (as in the sexual harassment case)
  • Loss of credibility in future proceedings
  • Administrative fines in severe cases

Harassment in the Context of Other Violations

Harassment often occurs alongside other landlord violations, creating compound liability:

Combined with Illegal Entry

In T.N.N.-v-A.M.B.-20161004, the landlord both "illegally entered the rental unit on several occasions" and engaged in harassment through excessive monitoring and communication.

Combined with Maintenance Failures

In KP-v-MB-and-KB-20170317, the landlord's "repeated demands and accusations amounted to harassment and substantial interference" while also failing to address legitimate maintenance issues.

Combined with Illegal Lockouts

In PJ-v-YX-20160928, "The Landlord's Agent was found to have harassed and interfered with the Tenant on multiple occasions" in addition to serving invalid notices. The tenant was awarded $1,411.86 for the combined violations.

When Harassment Claims Fail

Not all harassment allegations succeed. The LTB requires credible evidence and applies objective standards:

Insufficient Evidence

In DV-v-PPMI-2014-TNT-59232-14, "The Tenants failed to provide sufficient evidence to support their claims of harassment and substantial interference. The Board found the application to be unsubstantiated, vindictive, and vexatious."

Mutual Conduct

In RM-v-CN-2015-CET-50271-15, the Board found that a "yelling incident was mutual and did not rise to level of harassment or substantial interference."

Legitimate Landlord Actions

In stork-v-kok-20250331, the Board found that "Landlord's communication, including notices and follow-ups, were within the Landlord's lawful rights" and "Landlord's inspections of the rental unit were to comply with health, safety, housing and maintenance standards."

Tenant Harassment of Landlords and Others

The harassment provisions work both ways. Tenants can also be found liable for harassing landlords or other tenants:

Tenant-on-Tenant Harassment

In Linton-v-Williams-20210813, a tenant was evicted for "harassing neighbours, property managers, and the Landlord" through "ongoing harassment, including leaving garbage bags on a neighbour's doorstep, denying access to the unit, and harassing real estate agents."

Tenant-on-Landlord Harassment

In YDZ-v-JRN-20170106, a tenant's "constant barrage of text messages to the Landlord, ranging from the mundane to the accusatory and ridiculous, also substantially interfered with the Landlord's reasonable enjoyment of the residential complex."

Protecting Yourself as a Tenant

Document Everything

  • Keep records of all communications (texts, emails, voicemails)
  • Note dates, times, and witnesses to harassment incidents
  • Take screenshots of threatening messages
  • Maintain a harassment log with specific details

Know What Constitutes Harassment

Harassment typically involves:

  • Repeated unwelcome contact after being asked to stop
  • Threats or intimidating behavior
  • Excessive monitoring or surveillance
  • False accusations or defamatory statements
  • Conduct that serves no legitimate landlord purpose

Respond Appropriately

  • Clearly communicate that the behavior is unwelcome
  • Request in writing that the harassment stop
  • Avoid escalating confrontations
  • Seek support from tenant advocacy groups

File Applications Promptly

  • T2 applications must be filed within one year of the harassment
  • Don't wait - harassment often escalates over time
  • Seek interim relief if the harassment is severe

Best Practices for Landlords

Maintain Professional Boundaries

  • Limit communications to legitimate business purposes
  • Use professional language in all correspondence
  • Respect tenant privacy and quiet enjoyment
  • Follow proper notice procedures for entry

Avoid Common Harassment Behaviors

  • Don't make repeated calls or texts about minor issues
  • Avoid accusations without evidence
  • Don't monitor tenant activities excessively
  • Never use threats or intimidation tactics

Handle Disputes Properly

  • Use formal legal procedures for legitimate concerns
  • Seek legal advice before taking action
  • Document legitimate business reasons for all actions
  • Consider mediation for minor disputes

The Broader Impact

Landlord harassment undermines the fundamental principle of peaceful enjoyment that underpins Ontario's rental housing system. It:

  • Creates housing instability by making tenants feel unwelcome
  • Disproportionately affects vulnerable tenants who may be less likely to assert their rights
  • Erodes trust in the landlord-tenant relationship
  • Can escalate to more serious violations if left unchecked

The LTB's willingness to award substantial remedies for harassment reflects the seriousness with which these violations are viewed and serves both to compensate harmed tenants and deter future misconduct.

Key Takeaways

  • Harassment involves persistent, unwelcome conduct that serves no legitimate purpose
  • Both patterns of behavior and serious one-time incidents can constitute harassment
  • Financial remedies for harassment regularly reach hundreds or thousands of dollars
  • Harassment often occurs alongside other landlord violations, creating compound liability
  • Tenants must document harassment and file applications within one year
  • Landlords should maintain professional boundaries and use proper legal procedures
  • The LTB applies objective standards and requires credible evidence

Understanding landlord harassment is crucial for both tenants and landlords in Ontario's rental market. For tenants, recognizing harassment and knowing your rights can help protect against this form of misconduct and secure appropriate remedies. For landlords, understanding what constitutes harassment and maintaining professional conduct can prevent costly legal disputes and preserve positive tenant relationships.

The cases analyzed here demonstrate that while landlord-tenant relationships can be complex and sometimes contentious, there are clear legal boundaries that must be respected. Harassment not only violates tenant rights but also exposes landlords to significant financial liability and legal consequences that far exceed any perceived benefits of such conduct.

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Legal Disclaimer

This analysis is based on publicly available LTB decisions and should not be considered legal advice. Both landlords and tenants should consult with qualified legal professionals for guidance on specific situations.