Tenant Wins Unlawful Eviction Case Against Landlord: BI v BPM
Tenant awarded over $2800 after being unlawfully evicted by landlord in Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenant
$2,806
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2017
Application Date
Mar 2019
Hearing Date
Jan 2021
Order Date
May 12, 2021
Dispute Summary
Tenant applied for an order determining that the Landlord or the Landlord's superintendent or agent entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household.
Determinations
- Tenant paid rent for July 2017
- Tenant paid $550 last month's rent deposit
- Tenant was incarcerated from July 18-28, 2017
- Tenant found door locked upon return, belongings being removed
- Tenant was advised by men to stay away or police would be called
- Tenant did not contact Landlord due to fear of police involvement
- Tenant lost all belongings
- Tenant was unlawfully evicted by Landlord
- Tenant entitled to return of last month's rent deposit and daily rent for July 29-31, 2017
- Rent abatement of $750 reasonable and should not be interfered with
- Tenant entitled to $1,000 for pain and suffering
Case Study
The Tenant was illegally locked out by the Landlord, despite being current on rent. The Landlord had no right to take back possession of the rental unit or dispose of the Tenant's belongings. The Tenant is entitled to the return of the last month's rent deposit, the daily rent for July 29-31, 2017, and compensation for pain and suffering.
Arguments and Actions
Landlord
Arguments
Landlord requested the matter be dismissed as the Tenant should not be entitled to any further compensation.
Tenant
Actions
Tenant was incarcerated from July 18-28, 2017. Upon return, found door locked and belongings being removed. Was advised by men to stay away or police would be called. Felt unsafe at homeless shelter and developed addiction issues.
Decision Summary
The Tenant was unlawfully evicted by the Landlord. The Tenant is entitled to the return of the last month's rent deposit, the daily rent for July 29-31, 2017, $1,000 for pain and suffering, and other damages. The total amount the Landlord owes the Tenant is $2,806.25, which must be paid by May 23, 2021.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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Financial Details
Rent Deposit
$550
Deposit Interest
$2
Damages
$400
Other Owed Amount
$54
Overpayment of rent for July 29-31, 2017
Total Owing
$2,806 (Owed to Tenant)
Source
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