Landlord Harassment

What the Law Says

RTA s.23 is one of the most powerful tenant protection provisions. It makes harassment illegal and sets strict penalties for landlords who engage in it.

RTA s.23(1): "A landlord shall not harass, coerce, threaten or interfere with the reasonable enjoyment of the rental unit or the residential complex by a tenant or by a member of the tenant's household."

RTA s.232: "Any landlord who contravenes ... section 23 is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or both."

Key point: "Harassment" is broadly defined and includes threats, coercion, and interference with reasonable enjoyment. Reasonable enjoyment is the right to live in the unit in peace and comfort.

What Counts as Harassment

Clear Harassment

• Threats of eviction: "Leave or I'll evict you," used to pressure tenant into accepting illegal rent increase or surrendering rights
• Threats to health/safety: "I'll call immigration," "I'll report you to social services," etc.
• Intimidation: Yelling, angry tone, aggressive behavior, looming over tenant
• Repeated unwanted contact: Excessive calls, texts, emails demanding action
• Accessing private areas: Entering without notice to intimidate or monitor tenant
• Threats of property damage: "I'll seize your belongings," "I'll throw your stuff out"

Interference with Reasonable Enjoyment

This is broader and includes conduct that makes the unit uninhabitable or stressful:

• Frequent, unnecessary repairs: Landlord enters constantly claiming maintenance, disrupting your routine
• Noisy, disruptive work: Landlord allows contractor to work excessively during nights/weekends
• Showing unit excessively: Unit shown 5+ times per week for weeks, preventing peace
• Aggressive bill collection: Yelling at tenant, damaging credit, threatening court over minor debt
• Isolation tactics: Preventing tenant from having guests, controlling access
• Negative comments about tenant:Making derogatory remarks to neighbors or publicizing personal info

Verbal and Written Harassment

Verbal Harassment

Verbal threats and insults can constitute harassment under RTA s.23:

• "Get out or I'll lock you out" (threat of illegal eviction)
• Yelling, insults, name-calling during conversations
• Threats about immigration status, family, mental health
• Using slurs based on race, religion, or other protected ground
• Threatening to contact authorities falsely ("I'll call police and say you're dangerous")

Written Harassment

Written threats in letters, emails, texts, or notes:

• Email stating: "Pay the illegal rent increase or I'll evict you"
• Note on door: "Get out or face consequences"
• Text messages with threats or insults
• Facebook message threatening legal action for asserting rights
• Letter with aggressive tone, excessive capitalization ("YOU MUST PAY NOW OR ELSE")

How to Document

Verbal: If threatened in person or by phone:

• Write down the conversation details immediately (date, time, witnesses, what was said)
• Follow up with an email to the landlord: "Re: Our conversation on [date], I understood you to say [quote]. This constitutes harassment under RTA s.23. Please cease all threats."
• Keep the landlord's response (or non-response)

Written: Save everything:

• Screenshot text messages (with timestamps visible)
• Print emails (with dates and times)
• Photograph notes left on door or unit
• Save Facebook messages, WhatsApp chats, etc.

Interference with Reasonable Enjoyment

What is "Reasonable Enjoyment"?

Reasonable enjoyment means you have the right to:

• Live in peace and quiet
• Sleep normally (not disturbed by noise, entries, harassment)
• Have guests
• Work from home without disruption
• Use the unit for living, not under constant threat or stress

Conduct That Interferes

• Constant entries: Entering daily or multiple times per week without legitimate reason
• Loud disruptions: Allowing or causing disruptive construction, music, or noise
• Surveillance: Watching tenant, spying through windows, excessive camera monitoring
• Preventing guests: Threatening or punishing tenant for having visitors
• Creating fear: Behavior that makes tenant feel unsafe or afraid in their own home

Pattern and Duration

One incident may not be harassment, but a pattern over time is. For example:

• Single angry email: Not harassment
• Multiple angry emails, repeated threats over weeks: Harassment
• One uninvited entry: May not be harassment
• Entries daily or multiple times per week for weeks: Harassment

Withholding Services or Utilities

RTA s.21: No Withholding

RTA s.21 explicitly prohibits landlords from shutting off or reducing essential services.

RTA s.21: "A landlord shall not withhold the reasonable provision of a vital service ... for the purpose of forcing the tenant to vacate the rental unit."

Vital Services Include

• Heat: Minimum 20°C from Sept 1 to June 15
• Hot water: 24/7 at livable temperature
• Electricity: Power to the unit
• Water: Cold water supply
• Plumbing: Working toilet, sink
• Gas: If provided, not to be cut off

Examples of Illegal Shutoffs

• Shutting off heat in winter: "Pay the illegal rent increase or no heat"
• Cutting water: Turning off water valve to pressure tenant to vacate
• Turning off electricity: Even if claiming to be due to repairs
• Removing fridge/stove: If these are part of the unit (essential to livability)

Legitimate vs Illegal Interruptions

Legitimate: Brief interruption for repairs (usually a few hours maximum) with notice

Illegal: Extended shutoff (hours or days) to punish tenant or force them out, without proper notice or reason

What to Do if Services Are Shut Off

1. Document the shutoff: Take photos of thermostat, water taps, electrical situation; note date and time
2. Contact landlord: Email or text demanding the service be restored immediately, citing RTA s.21
3. Call for emergency help: If heat is off in winter, contact city. If safety risk, call police
4. File a T6 and/or T2: T6 for maintenance violation, T2 for harassment under RTA s.21
5. Seek emergency LTB hearing: If conditions are dangerous, you can request an urgent hearing

Documenting Harassment

Harassment Journal

Keep a detailed record of every incident:

• Date: Specific day and date
• Time: What time did it happen
• Who: Landlord, property manager, or their agent
• What happened: Detailed description of the harassing behavior
• Exact words: If threatened or insulted, quote as close as possible
• Witnesses: Names of people present
• Impact: How it affected you (stress, lost sleep, cost)

Supporting Evidence

• Screenshots of text messages (include timestamps)
• Printed emails (include date sent/received)
• Photos of written threats or notes
• Audio recordings (if legal in your jurisdiction—check with lawyer)
• Witness statements or letters from people who saw/heard harassment
• Medical records if harassment caused health issues
• Proof of costs (moving expenses, therapy, temporary housing)

Timeline

Create a timeline showing when incidents occurred. This helps the LTB see the pattern:

"Jan 5: Landlord left threatening note. Jan 12: Verbal threat on phone. Jan 15: Illegal entry. Jan 22: Threatening text. Feb 3: Threatening email. Pattern shows escalating harassment over 1 month."

Filing T2 Application

What is a T2?

A T2 is a tenant complaint to the LTB. You use it to claim the landlord has violated the RTA, including harassment under s.23.

How to File

1. Get T2 form from Ontario.ca/ltb or request paper copy
2. Fill out the form with:
   • Your name and rental address
   • Landlord's name and address
   • Description of harassment: specific dates, incidents, statements
   • RTA section violated (s.23 for harassment; also s.21, 25, 27 if applicable)
   • How it affected you (lost sleep, stress, cost)
   • Remedy sought (damages amount, cease harassment order, etc.)
3. Attach supporting documents (journals, screenshots, emails, notes, witness statements)
4. File with LTB (pay filing fee, currently around $45.50; free if in financial hardship)
5. Serve copy to landlord by email, mail, or hand delivery

At the LTB Hearing

Prepare to:

• Describe each incident in detail: date, time, who, what happened, what was said
• Present your documentation (journal, screenshots, emails)
• Explain how the harassment affected you emotionally, financially, physically
• State what remedy you seek (amount of damages, cease order, etc.)
• Answer questions from the adjudicator and landlord's questions

Possible Outcomes

• Finding of harassment: LTB orders landlord to cease harassment
• Damages award: Compensation ranging from $500-$15,000+ depending on severity and duration
• Rent abatement: Reduction in rent for period of harassment
• Non-contact order: Landlord prohibited from contacting you except through lawyer
• Policy requirement: Landlord ordered to adopt non-harassment policy

Police Reports When Appropriate

When to Call Police

Some harassment may also be criminal. Call police if:

• Threats: Death threats, threats of violence or harm
• Assault or violence: Landlord physically attacks you
• Uttering threats: Criminal offense when threat is credible and causes fear
• Harassment (criminal): Repeated contact causing fear or distress
• Unlawful confinement: Preventing you from leaving unit
• Trespass: If landlord enters despite being told to stay out

What to Do When Calling Police

1. Call 911 if immediate danger: "I'm being threatened by my landlord and feel unsafe"
2. Call non-emergency line: For less urgent situations, call your local police non-emergency number
3. Be specific: Describe the threat, when it was made, who made it, witnesses
4. Request report number: Get a police file number for your records
5. Save report: Get a copy or note of the complaint for your T2 application

Police Report and T2 Application

Having a police report strengthens your T2 application:

• Provides independent documentation of the incident
• Shows you took the threat seriously
• May help if you need injunction or protective order
• Can support higher damage award

Order of Protection (Restraining Order)

If harassment is serious, you may be able to get a restraining order or order of protection from court:

• Prevents landlord from contacting you
• Requires landlord to stay away from unit and work
• Can be obtained relatively quickly for urgent situations
• Breach is a criminal offense
• Ask police or legal clinic how to apply

Key Statutes

• RTA s.23: Landlord shall not harass, coerce, threaten, or interfere with reasonable enjoyment
• RTA s.21: Landlord cannot withhold vital services
• RTA s.22: Landlord cannot interfere with reasonable enjoyment
• RTA s.232: Penalties for harassment (up to $50,000 fine or 2 years imprisonment)
• RTA s.29: Protection from retaliation for asserting rights
• Criminal Code s.264-266: Criminal harassment, uttering threats, assault