Wifi

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-27
CLNP Page ID:	1903
Page Categories:	Landlord & Tenant (Residential)
Citation:	Wifi, CLNP 1903, <6p>, retrieved on 2024-04-27
Editor:	MKent
Last Updated:	2022/04/14

TNT-61610-14 (Re), 2014 CanLII 58646 (ON LTB)

4. The monthly rent agreed to is $900.00. The parties also agreed that the Tenant would have use of the shared laundry facilities and WIFI (wireless internet) services.

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10. On August 16, 2014, the Landlord disconnected the hydro supply to the washer and dryer and disconnected the WIFI service. Since then, the Tenant goes to a laundry mat to wash her clothes. She has approximately 4 loads of laundry per week, which costs approximately $20.00 per week to wash and dry. The Tenant is a student and requires internet access to complete her school work. She now goes to an internet café to complete her school work. The Tenant claims that it would cost her approximately $40.00 per month to have WIFI service provided to the unit. The Tenant’s estimation of charges she has and will incur for the withdrawn services is reasonable and accurately reflects typical charges for these types of services.

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13. The Tenant requested a remedy in the form of rent abatement. In determining an abatement, I have considered the nature of the deficiencies and the Landlord’s conduct, the duration and the impact on the Tenant. I find that the Tenant’s request for an overall abatement of $465.00 to be reasonable and appropriate. Since the Landlord has not addressed any of the Tenant’s maintenance requests, has failed to restore the hydro so that the Tenant may use the laundry facilities and has failed to restore the WIFI service, I find that the Tenant is entitled to an ongoing rent abatement commencing from the date this application was filed (August 22, 2014). Accordingly, for the balance of August 2014 and for the month of September 2014 the Tenant is entitled to a further rent abatement of $170.00, which represents $50.00 for the ongoing failure to address the repairs and maintenance, $80.00 for the withheld/withdrawn laundry services and $40.00 for withheld/withdrawn WIFI service.

14. Furthermore, should the Landlord fail to restore the hydro supply to the laundry facilities and/or fail to restore WIFI services to the rental unit, the rent shall be reduced by $80.00 and $40.00 per month respectively, indefinitely or until the services are restored.

HOT-07384-20 (Re), 2021 CanLII 145555 (ON LTB)

17. On May 3, 2020, the personal Landlord sent an email to the Tenants in which he threatens to “revoke” their “membership”, move into the vacant third bedroom himself, change the front door locks and remove all wifi capability to the house. As the Tenants had been working primarily from home to see their patients virtually during this stage of the pandemic, not having wifi access would have been detrimental to their careers. That same day, the Tenants’ legal representative wrote a letter to the Landlord in which he notifies the Landlord that his response is a violation of the Act. The Landlord responded with multiple emails in which he reiterated his intention to move into the third bedroom and remove the furniture, wifi and other “services” that he had allegedly been providing to the Tenants.

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21. Based on the threatening nature of the Landlord’s emails in which he repeatedly says he will move into the third bedroom, change the front door locks, remove the furniture and disconnect the wifi, I find that the Landlord’s aggressive attempt to enter the complex on May 4, 2020, constitutes harassment as the Landlord knew or ought to have known that his conduct would be unwelcome to any reasonable tenant.

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46. As women, both Tenants felt victimized by the personal Landlord when he harassed them, sent people to their home to change the locks and then showed up at the complex aggressively trying to enter the home. It was only with the help of one of the Tenant’s male friends that the Landlord was convinced to leave. The Tenant’s friend physically stood in the doorway, held onto the door while the Landlord tried to push through, repeatedly and firmly demanded that the Landlord leave and physically prevented the Landlord from entering the house. Both Tenants witnessed this dramatic event and both Tenants suffered mental distress as a result. In addition, as the Tenants’ work as doctors had shifted to online patient appointments from home, when the Landlords shut off the wifi, they were forced to relocate to other people’s homes and reschedule several appointments. All of this upheaval greatly impacted both Tenants’ mental health. These events would have a negative deleterious impact on anyone and I believe the Tenants are entitled to an award of damages arising from the breach in the nature of pain and suffering.

TNT-65706-14 (Re), 2015 CanLII 9325 (ON LTB)

3. The contract stipulates that water, electricity, cable and wifi are included in the rent. The contract describes the rental unit as a one room basement apartment, oral descriptions clarified that a one bedroom basement apartment, which includes kitchen and bathroom, was meant by that description. There is a second bedroom in the apartment to which the Tenant has no access.

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14. With regards to the internet, the Landlords did not deny that they installed a timer on their router, which switched off wifi access between 2 pm and 10 pm. They explained that this was done to prevent their son from using the internet after school.

15. The contract does not stipulate that access to the internet was restricted to certain hours, and ambiguity in a contract always favours the party who did not write the contract.

16. Therefore I find that it is reasonable under the circumstance to order a rebate of rent for this item. I calculate the rebate as follows: The length of the tenancy from December 15, 2014 to the date of the hearing is 42 days, usage denied for 8 hours per day during that period, average price for lowest gigabyte Rogers package is approximately $ 65.00 for 30 days, therefore I find it reasonable to grant a rebate/abatement of rent $ 30.00 from December 15, 2014 until January 26, 2015 and the rent is lowered by an additional $ 0.72 per day until 24 hour access is reinstated, if that did not occur on January 27, 2015.

It is ordered that:

2. Starting January 15, 2014 the monthly rent is set @ $ 455.00; no cable is included in the rent. The Landlord shall refund $ 45.00 from the last month rent deposit to the Tenant.