Understanding Tenants’ Rights in the Face of Landlord Harassment in Ontario, Canada

man and woman standing in an empty house with move in boxes and reading landlord & tenant agreement

 

Introduction:

In Ontario, Canada, tenants have specific rights that protect them from landlord harassment. Harassment from a landlord can result in mental distress, loss of profits or income, and other damages for the tenant. In this article, we will discuss the rights of tenants when faced with harassment from their landlord to apply to the landlord and tenant board for compensation including claims for abatement of rent and the right to proceed in Superior Court for matters involving more than $35,000.

Mental Distress:

Tenants have the right to live peacefully in their rented property without undue interference from the landlord. Harassment that causes mental distress to the tenant can include threats, intimidation, and invasion of privacy. If a tenant experiences mental distress due to landlord harassment, they may be eligible to file a claim for damages.

Loss of Profits or Income:

For tenants who use the rented property for business purposes, landlord harassment can result in a loss of profits or income. This could include actions by the landlord that disrupt the tenant’s business operations. In such cases, the tenant may have the right to seek compensation for their financial losses.

Other Damages:

Apart from mental distress and loss of profits or income, tenants may also experience other types of damages due to landlord harassment. These could include damage to personal property or physical harm. Tenants have the right to file a claim for compensation for any damages they suffer as a result of the landlord’s actions.

Claims for Abatement of Rent:

In Ontario, tenants have the right to seek abatement of rent if the landlord fails to maintain the rental property in a state of good repair or if the tenant has suffered harassment from the landlord. This means that the tenant may be entitled to a reduction in rent or compensation equivalent to the cost of repairing the property or the damages suffered due to harassment.

Right to Proceed in Superior Court for Matters Involving More Than $35,000:

If the tenant’s claim for damages exceeds $35,000, they have the right to proceed in Superior Court. This is significant because the Landlord & Tenant Board in Ontario has a jurisdictional limit of $35,000. Therefore, for claims that exceed this amount, the tenant must proceed in Superior Court to seek the compensation they are entitled to.

Conclusion:

In conclusion, tenants in Ontario have specific rights that protect them from landlord harassment and the resulting damages. Tenants should be aware of their rights and the legal avenues available to them in case they experience harassment from their landlord. If you are a tenant facing harassment, it is recommended that you consult with a legal professional to understand your options and take the necessary steps to protect your rights.

Please note these materials have been prepared for general information purposes only and do not constitute legal advice. Readers are advised to seek legal advice by contacting Frank Feldman* regarding any specific legal issues.

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