When landlords face problem tenants or rent arrears, the temptation to take matters into their own hands can be overwhelming. However, Ontario's Residential Tenancies Act (RTA) strictly prohibits "self-help" evictions—any attempt by landlords to force tenants out without following proper legal procedures. Recent analysis of Landlord and Tenant Board (LTB) decisions reveals a troubling pattern of illegal lockouts, changed locks, and disposed belongings, with landlords facing severe financial consequences that often far exceed any perceived benefits.
Understanding Self-Help Evictions
Self-help eviction refers to any action by a landlord to force a tenant out of their rental unit without obtaining a proper eviction order from the LTB. These illegal tactics include:
- Changing locks without providing replacement keys
- Removing or disposing of tenant belongings
- Shutting off utilities or vital services
- Physically barring tenant access
- Threatening or intimidating tenants to leave
The RTA is clear: only the LTB can terminate a tenancy, and only the Sheriff can enforce evictions. Landlords who bypass these procedures face serious legal and financial consequences.
The Most Common Forms of Illegal Self-Help
1. Changing Locks Without Replacement Keys
The most frequent violation involves landlords changing locks and refusing to provide tenants with new keys. In morrison-v-dh-westview-properties-ltd-20240319, the landlord "changed the locks on January 7, 2020" without lawful authority, substantially interfering with the tenant's reasonable enjoyment. The tenant was awarded $5,486.14 in damages.
Similarly, in SM-v-JC-20180829, the landlord "changed locks to the rental unit and did not give Tenant a key" and "failed to give the Tenant's property back to him after illegally changing the locks." The Board found this showed "blatant disregard for the Residential Tenancies Act" and ordered $2,020 in compensation plus a $500 administrative fine.
2. Complete Lockouts with Property Disposal
Some of the most egregious cases involve landlords not only locking out tenants but also disposing of their belongings. In PM-v-ZR-20200127, the landlord's agent "changed the Tenant's lock and put his belongings outside the rental unit" on two separate occasions. The Board found this constituted "a very serious breach of one of the most important protections in the Act: protection from an illegal eviction." The tenant was awarded $7,730.34.
Even more severe was N.R.-v-R.N.-20180716, where the landlord "illegally entered rental unit, changed locks, and disposed of Tenant's possessions." The tenant "returned home to find her food thrown out, locks changed, and all her possessions gone." The landlord was ordered to pay $20,305.50, including a $2,000 administrative fine.
3. Lockouts During Vulnerable Periods
Landlords sometimes exploit vulnerable situations to illegally evict tenants. In Parsons-v-Ieraci-20240102, after flooding damage, the landlord "removed Tenant's belongings from the unit and locked her out on July 5, 2021, believing the tenancy was frustrated due to the flooding damage." The Board rejected the landlord's argument and found the lockout illegal, ordering alternative accommodation and threatening fines up to $35,000 for non-compliance.
4. Lockouts Based on False Premises
In keith-v-key-20241025, while the tenant was away in Florida, the landlord "allowed other occupants to stay in the Tenant's rental unit permanently, effectively locking the Tenant out." The landlord had initially asked for temporary occupancy but then decided to make it permanent. The tenant was awarded $7,350.41 for this illegal lockout.
The Financial Consequences for Landlords
The financial penalties for illegal lockouts are severe and consistently substantial:
Major Awards
- $20,305.50 in N.R.-v-R.N.-20180716 (plus $2,000 fine)
- $17,055.50 in N.R.-v-R.N.-20180716 for lost items and damages
- $7,730.34 in PM-v-ZR-20200127
- $7,350.41 in keith-v-key-20241025
- $7,312 plus $750 fine in Syrette-v-Pirozzi-20210408
- $5,486.14 in morrison-v-dh-westview-properties-ltd-20240319
Components of Illegal Lockout Awards
LTB awards for illegal lockouts typically include:
- Rent Abatement: For the period the tenant was illegally denied access
- Replacement of Lost Property: Compensation for belongings disposed of or lost
- Out-of-Pocket Expenses: Moving costs, storage fees, temporary accommodation
- General Damages: Compensation for pain, suffering, and inconvenience
- Lost Wages: When lockouts prevent tenants from working
- Application Filing Fees: Reimbursement for bringing the application
- Administrative Fines: Up to $25,000 for serious violations
The Legal Framework: Why Self-Help is Prohibited
Section 24 of the RTA
Section 24 of the Residential Tenancies Act specifically prohibits landlords from altering locking systems without providing replacement keys. As noted in Lock-v-Connell-20221108, "The Landlord was in breach of section 24 of the Residential Tenancies Act, 2006 by changing the locks to the rental unit without providing replacement keys to the Tenants."
Only the LTB Can Terminate Tenancies
The law is clear that landlords cannot unilaterally end tenancies. In ryan-v-chong-20230502, the Board emphasized: "The Landlord cannot unilaterally terminate a tenancy or force a Tenant to vacate a rental unit. The Act contains a process that a Landlord must follow to lawfully terminate a tenancy and evict Tenants."
Criminal Implications
Some illegal lockouts may constitute criminal offenses. In TMW-v-JP-and-SP-20171109, the Board found that "The Landlords committed an offence by changing the locks to the unit without giving the Tenant a replacement key."
When Landlords Claim Abandonment
Some landlords attempt to justify lockouts by claiming tenants abandoned their units. However, the LTB consistently rejects these arguments without proper evidence:
Burden of Proof on Landlords
In Lacey-v-Kossar-and-Jacob-20210722, landlords "claimed they changed locks because they believed Tenant had abandoned unit." However, the Board found "Tenant had not vacated or abandoned unit" and "Landlords did not have order to evict Tenant." The tenant was awarded $500 in general damages.
Tenant Belongings Indicate Occupancy
The presence of tenant belongings typically negates abandonment claims. In JJ-v-DM-20170227, despite rent arrears, the Board found the landlord's lockout illegal because "Tenant submitted evidence that unit is his residence" and the tenant's belongings remained in the unit.
The Impact on Vulnerable Tenants
Illegal lockouts disproportionately affect vulnerable tenants, and the LTB considers this an aggravating factor:
Mental Health Impacts
In N.K.-v-N.K.-and-P.K.-2018-04-03, the landlords "locked out a vulnerable tenant with known mental health issues without attempting to contact her during the lockout period." The Board found this particularly egregious, noting the emotional and physical stress caused to a vulnerable individual.
Homelessness and Displacement
Many illegal lockouts result in immediate homelessness. In ryan-v-chong-20230502, the tenant "has been residing in a shelter since being locked out on February 15, 2023." The Board ordered immediate reinstatement of the tenancy.
Emergency Remedies for Tenants
When facing illegal lockouts, tenants have several immediate options:
Interim Orders
The LTB can issue interim orders requiring immediate access. In AF-and-KR-v-SM-and-OI-20170109, an interim order was issued requiring the landlord to provide a key, though the landlord "failed to comply with the interim order."
Police Assistance
While police typically treat lockouts as civil matters, they may assist in some circumstances. In RMK-v-LG-20171024, "Tenant attended unit on June 1, 2017 and police let her in."
Immediate LTB Applications
Tenants should file T2 applications immediately upon being locked out, seeking:
- Immediate restoration of access
- Rent abatement for the lockout period
- Compensation for expenses and damages
- Return of disposed property
Red Flags: Warning Signs of Impending Self-Help
Tenants should be alert to these warning signs:
- Landlord threats to change locks or remove belongings
- Demands to vacate without proper legal notices
- Harassment or intimidation tactics
- Utility shutoffs or service interruptions
- Unauthorized entry to inspect or photograph belongings
- Pressure to sign agreements to terminate tenancy
Protecting Yourself as a Tenant
Document Everything
- Take photos of your belongings and unit condition
- Keep records of all communications with your landlord
- Document any threats or harassment
- Maintain proof of rent payments and tenancy
Know Your Rights
- Only the LTB can terminate your tenancy
- Only the Sheriff can physically evict you
- Landlords must provide 24-hour notice for entry
- You have the right to peaceful enjoyment of your unit
Immediate Actions if Locked Out
- Document the lockout with photos and witnesses
- Contact the landlord in writing demanding access
- File a T2 application with the LTB immediately
- Seek legal advice from tenant advocacy groups
- Keep receipts for all expenses incurred
Best Practices for Landlords
Follow Legal Procedures
- Use proper N-form notices for termination
- Apply to the LTB for eviction orders
- Wait for Sheriff enforcement
- Never take matters into your own hands
Understand the Costs
The financial consequences of illegal lockouts include:
- Substantial monetary awards to tenants
- Administrative fines up to $25,000
- Legal costs and interest charges
- Damage to reputation and credibility
When Tenants Don't Pay Rent
Even with significant rent arrears, landlords must follow legal procedures:
- Serve proper N4 notices
- Apply to the LTB for eviction
- Wait for Board orders
- Use Sheriff services for enforcement
The Broader Impact
Illegal lockouts represent a serious abuse of the landlord-tenant relationship and undermine the legal protections built into Ontario's rental housing system. They:
- Violate fundamental tenant rights to security and peaceful enjoyment
- Create housing instability and homelessness
- Disproportionately harm vulnerable populations
- Undermine the rule of law in rental housing
The substantial financial penalties imposed by the LTB reflect the seriousness of these violations and serve as both compensation for harmed tenants and deterrent for would-be violators.
Key Takeaways
- Self-help evictions are strictly prohibited under Ontario law
- Only the LTB can terminate tenancies; only the Sheriff can enforce evictions
- Financial penalties for illegal lockouts regularly exceed $5,000 and can reach over $20,000
- Administrative fines up to $25,000 may be imposed for serious violations
- Tenant abandonment claims require strong evidence and proper procedures
- Vulnerable tenants receive enhanced protection and higher awards
- Immediate legal action is crucial for tenants facing illegal lockouts
- Prevention through legal compliance is far less costly than LTB penalties
Understanding illegal lockouts and self-help evictions is crucial for both landlords and tenants in Ontario's rental market. For tenants, knowing your rights and taking immediate action can help protect against illegal evictions and secure appropriate remedies. For landlords, understanding the severe consequences of self-help measures should reinforce the importance of following proper legal procedures, no matter how frustrating tenant issues may become.
The cases analyzed here demonstrate that while landlord-tenant disputes can be complex and emotionally charged, the law provides clear procedures that must be followed. Shortcuts through self-help measures inevitably result in far greater costs—both financial and legal—than following proper procedures from the outset.
