Cease and Desist Order (RTA)

TEL-82944-17 (Re), 2018 CanLII 42895 (ON LTB)

48. Lastly, the Tenants’ application claims unwanted email correspondence from the Landlords, when in fact, the issue at the hearing seemed to be more centered on unwanted text messages to the first-named Tenant. Prior to the breakdown of the relationship between the parties, the first-named Landlord would send the second-named Tenant a text of the utility bills. Based on the text messages submitted into evidence by both parties, the conversations between the first-named Landlord and the second-named Tenant were friendly and not always regarding the tenancy. For example, they discussed cars and the status of their health on a few occasions.

49. At the time of the water leakage incidents it seems the relationship deteriorated and the parties became unfriendly. It was at this time that the first-named Tenant demanded the Landlords cease communications via text unless it was for emergencies only. The first-named Landlord continued to correspond via text message because he believed that since he had been communicating that way since the beginning of the tenancy he could continue. The problem with this is that the Tenants requested a change in the method of communication and the Landlords should respect this request.

50. At the hearing, I directed the Landlords to begin communicating with the Tenants via email as they requested. This communication should be limited to tenancy issues only.

51. Based on the above issues for lack of air conditioning and continuing text messages of a non-emergency nature I find that the Landlords harassed and interfered with the Tenants, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household.

...

55. The request for a cease and desist order is granted. The Landlords must communicate with the Tenants via email unless it is of an urgent matter. This means that the onus is on the Tenants to ensure they are checking their email appropriately.