Tenant Wins Illegal Eviction Case Against Landlord: Francis v I-land Corp
Tenant awarded $8000 after landlord illegally evicted him and disposed of his belongings
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1716 Weston Road, Toronto, ON M9N1V6
Decision in favor of
tenant
Balance Owed to Tenant
$5,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2017
Order Date
Sep 20, 2021
Dispute Summary
Tenant applied for an order determining that Landlords harassed, obstructed, coerced, threatened or interfered with him, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving him replacement keys, and substantially interfered with his reasonable enjoyment.
Determinations
- Tenancy was governed by the Residential Tenancies Act, 2006
- Landlords illegally evicted the Tenant without following the procedures set out in the Act
- Landlords substantially interfered with the Tenant's reasonable enjoyment by withholding all his belongings from him
Case Study
The Landlords contravened the Residential Tenancies Act, 2006 by illegally evicting the Tenant and disposing of his belongings that were in the rental unit.
Arguments and Actions
Landlord
Arguments
The tenancy was not governed by the Residential Tenancies Act, 2006 because its purpose was commercial, not residential.
Aggravating Factors
Landlords rented the unit to the Tenant for him to live in, but drafted a lease which mischaracterized the nature of the tenancy in an apparent effort to avoid their obligations under the Residential Tenancies Act, 2006. Landlords offered no excuse for their conduct.
Tenant
Actions
On or about July 7, 2017, the Tenant returned home and discovered that the Landlords had locked him out. When the Tenant attended on July 15 to pick up his belongings, the superintendent was not there and the Tenant's belongings were never returned.
Decision Summary
The Landlords illegally evicted the Tenant without following the procedures set out in the Residential Tenancies Act, 2006, and substantially interfered with his reasonable enjoyment by withholding all his belongings from him. The Tenant is awarded $4,000 for his lost belongings and $1,000 in general damages for pain and suffering. The Landlords are also ordered to pay an administrative fine of $3,000 to the Board.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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Financial Details
Damages
$4,000
Administrative Fine Payable to LTB
$3,000
Other Owed Amount
$1,000
General damages for pain and suffering
Total Owing
$5,000 (Owed to Tenant)
Fine Payable By: Landlords
Source
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