Ma v Zhang
Last updated: July 26, 2024
Order
Ordered by Dawn Wickett,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Agree with the ruling?
Citation: Ma v Zhang, 2021 CanLII 141447 (ON LTB)
File Number: CET-93114-20
Timeline
Application Date
Feb 2020
Tenancy End Date
Feb 2020
Hearing Date
Oct 2021
Order Date
Oct 18, 2021
Decision
The Landlord harassed and interfered with the Tenant, substantially interfering with the Tenant's reasonable enjoyment of the rental unit. The Landlord shall pay the Tenant $4,200 for the difference in rent for one year and $45 for the application fee.
Dispute
Tenant applied for an order determining that Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant and substantially interfered with the reasonable enjoyment of the rental unit. The Landlord evicted the Tenant without serving proper notice.
Determinations
- Landlord did not serve any notice of termination to the Tenant
- Landlord believed the Tenant was a 'boarder' and the Residential Tenancies Act did not apply
- Landlord evicted the Tenant with the assistance of the police in the middle of the night on February 1, 2020
- Tenant did not agree to vacate the rental unit and never gave written notice to terminate the tenancy
Landlord's Arguments
Arguments
Landlord believed Tenant was a 'boarder' and Residential Tenancies Act did not apply. Tenant did not mitigate by finding cheaper accommodation.
Actions and Evidence
Landlord told Tenant to move out starting in December 2019, moved her family into the rental property in December 2019 and January 2020, and evicted Tenant with police assistance in February 2020.
Procedural Errors
Landlord did not serve any notice of termination to Tenant as required by the Residential Tenancies Act.
Tenant's Arguments
Actions and Evidence
Tenant did not agree to move out and advised Landlord her actions were not legal.
Similar Cases
Click to switch between order outcomes
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Downey-Thomas v Lacson
The Tenant's application alleging illegal entry, substantial interference, and harassment was dismissed because it failed to provide dates and particulars for the alleged conduct, violating principles of procedural fairness.
Twaseen v Zhang
The tenant's application alleging substantial interference and harassment was withdrawn upon request and the file was closed.
C***** Barrientos v Sherritt
An LTB order dismisses a tenant's T2 application for substantial interference, maintenance failures, and harassment after finding the allegations unproven.
Celik v Celik
The LTB dismissed the tenant's application because the Residential Tenancies Act did not apply due to the shared use of kitchen and bathroom facilities with the landlord and the landlord's mother.
Irwin v 869797 Ontario Limited
A tenant's harassment application was dismissed as moot because the tenant had already vacated the rental unit and her request to amend remedies was refused.
Engel v Waterloo Regional Housing
The LTB dismissed the tenant's application alleging substantial interference and harassment because the allegations were not proven on a balance of probabilities.
Ferk v Ottawa Community Housing Corporation
The Landlord and Tenant Board denied a tenant's review request, finding no serious error or denial of procedural fairness in the original order concerning maintenance and tenant rights.
Webster v 1100 MS W Inc.
An LTB order dismisses a tenant's application alleging substantial interference and harassment concerning maintenance issues and an N5 notice.
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