Attacks on the Tenant’s Security of Tenure (LTB)

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TST-94491-18 (Re), 2019 CanLII 134564 (ON LTB)

17. The Tenant testified that these persistent statements about vacating the unit and these attempts to terminate the tenancy have caused her to be anxious and to feel unwelcome in her own home. The Tenant testified that she lives with a number of disabilities, including mental illnesses which have been exacerbated by the Landlords’ conduct. At the hearing the Tenant submitted several letters from her psychologist outlining her diagnoses and supporting that the Tenant requires ongoing stability of housing. The Tenant also submitted two other letters from her psychologist, dated May 26, 2018 and January 14, 2019, which specifically mention the stress that the Tenant’s relationship with the Landlords has caused her. In the May 26, 2018 letter the psychologist states that the Tenant’s “experiences with her landlords have had a profound effect on her and continue to negatively impact her mental health.” In the letter dated January 14, 2019 the psychologist states that the “issues and incidents with [the Tenant’s] landlords continue to cause her debilitating anxiety.”

18. Landlords are entitled to seek termination of tenancies and they cannot be reasonably expected to do so in a perfect manner. It is not substantial interference, necessarily, for a landlord to serve multiple notices of termination, some or all of which may be invalid due to technical flaws. However, in this case the Landlords persistently reminded the Tenant that they wanted her to leave and SK, in particular, voiced their frustration that the Tenant would not simply vacate the unit because that is what she and the other Landlords want. I find the repetition of these statements to constitute both substantial interference and harassment. These statements, while not effective to get the Tenant to leave, were attacks on the Tenant’s security of tenure. The Tenant ought to be able to enjoy her home without fear that the Landlords will continually pressure her to leave.

19. In this case the pressure was not particularly strong but it was persistent and it had a greater impact on the Tenant because of her disabilities. The Tenant had not disclosed to the Landlords, prior to these proceedings, that she had disabilities, but she did make the Landlords aware that moving would be very difficult for her and that she really did not wish to move.

20. The Tenant requests a rent abatement, compensation for the cost of out-of-pocket expenses, and general damages.

21. After considering the duration of this problem and the impact on the Tenant’s enjoyment and use of the rental unit, I find that the Tenant is entitled to a lump sum rent abatement of $750.00.