Together we are strong!
Posted by KMILBURN on 10/15/2008, 9:53 am, in reply to "Annoying Landlord"
Harassment comes in many forms. You would have to convince an adjudicator that what the LL is doing is harassment. Document everything - dates, times, what was said. Take a couple of photos of the washing machine area so an adjudicator understands what the conditions are. Make a paper trail...the LTB loves paper and photos.
Also, instead of dealing with the LL verbally, put it down in writing (create the paper trail). Tell him what your concerns are and that you don't want to have to resort to the LTB but that you'd like to resolve the issues yourself.
Sec 23 - "A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant."
Sec 22 - The landlord shall not "substantially interfere with the reasonable enjoyment of the rental unit or residential complex in which it is located for all usual purposes by a tenant or members of his or her household."
"Substantially" is the key to Sec 22. Everything depends on the definition of that word by an adjudicator.
--Previous Message--
: My husband and I recently moved into a
: basement apartment with the landlord living
: upstairs. At first we thought he was really
: nice to make sure we were OK by checking up
: on us; however, it's now been a month and he
: has either talked to us in person or called
: literally EVERY DAY! When we come or go from
: our "private" entrance he will
: hear us and come out to talk to us every
: other day. And he'll even call us just to
: tell us we have mail. We also have to share
: the washer and dryer which is on our
: apartment. He always calls before he comes
: down to use it, but when he comes down he
: always talks to us! I recently told him he
: was being intrusive, and that we wanted our
: privacy, and he freaked out. He got totally
: defensive and made it seem like it was our
: problem. My question is this: if he doesn't
: change and continues to call us and corner
: us as we use our entrance do we have grounds
: to legally break our lease? I was thinking
: it could either be considered harassment or
: failing to allow us full use and enjoyment
: of our apartment. What do you think?
:
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