Landlord Fails to Prove Tenant Altered Locks: 2537782 Ontario Inc. v Kvas and Mahabir
Landlord's application to determine if tenants altered locks dismissed due to lack of evidence
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 62 Queenston Street, St. Catharines, ON L2R2Z2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Nov 2021
Order Date
Dec 21, 2021
Dispute Summary
Landlord applied for an order determining whether Tenants altered the locking system without the Landlord's consent.
Determinations
- Landlord's Agent tried to enter the residential complex but the key did not work
- Tenants deny changing the locks
- Tenants' testimony was credible
- Landlord did not provide sufficient evidence to prove Tenants altered the locks
Case Study
The Tenants' testimony was found to be credible and unshaken on cross-examination. The Landlord did not provide sufficient evidence to establish that it is more likely than not that the Tenants altered the locking system without the Landlord's consent.
Arguments and Actions
Landlord
Actions
Landlord's Agent testified that he attempted to enter the residential complex pursuant to a property notice of entry, but the key would not work.
Tenant
Actions
Tenants deny changing the locks to the rental unit. They allege that either the Landlord's Agent was using the wrong key, or he likely made up the story.
Decision Summary
The Landlord's application is dismissed. The Landlord did not provide sufficient evidence to establish that the Tenants altered the locking system without the Landlord's consent.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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