Maludzinski v Salzer

Tenant wins · Hamilton · 2023-11-20

Adjudicator

Greg Joy

Dispute

Harassment, Substantial Interference

Landlord

D.M.

Tenant

M.S.

Tenant rep

Emily O'Keefe

What happened

The Tenant applied for an order determining that the Landlord substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant. The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant entered into an agreement to terminate the tenancy.

The ruling

The motion to set aside Order LTB-L-036422-23, issued on June 30, 2023, is granted. Order LTB-L-036422-23, issued on June 30, 2023, is set aside and cannot be enforced. The Landlord shall pay to the Tenant $500.00 on or before November 30, 2023. Should the Landlord fail to pay to the Tenant $500.00, the Tenant may deduct this amount from the lawful monthly rent in December 2023.