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Harassment

Harassment is a serious problem for many tenants. Because the TPA (“Tenants Protection Act”) allows landlords to charge new tenants whatever they can get away with, this law makes it financially rewarding for landlords to harass existing tenants out of their apartments.

Harassment can occur in many ways. A landlord can repeatedly threaten to evict you even though there is no cause. A landlord could decide to turn off your heat for periods of time even though they are not allowed to do this.

While the TPA encourages landlords to get tenants to move through vacancy de-control, the law does have anti-harassment provisions.

It is illegal for your landlord to harass, obstruct, coerce, threaten or interfere with you. See Section 27 of the TPA.

If your landlord is harassing you, you can apply to the Landlord and Tenant Board to make it stop (see Section 32). There is no fee for harassment applications.

If possible, it would be useful to find out if other tenants have been harassed in order to strengthen your case. Talk to other tenants in your building or to your tenants’ association.

If the Landlord and Tenant Board determines that the landlord is guilty of harassment, the Landlord and Tenant Board may:

• Order the landlord to stop the harassment;
• Order the landlord to pay an administrative fine up to $10,000;
• Order an abatement (temporary reduction) of rent;
• Order an end to the tenancy; and
• Anything else the Landlord and Tenant Board considers appropriate.

However, please note that you do not have the right to harass, obstruct, coerce, threaten or interfere with a landlord (see Section 28). Tenant advocates are concerned that some landlords will abuse this new part of the law to intimidate tenants who are asking for their apartment to be repaired.

ENFORCING YOUR RIGHTS IS NOT HARASSMENT! If your landlord tries to intimidate you by claiming you are harassing him/her, call the FMTA or your nearest community legal clinic immediately.

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