Landlord Fined $35000 for Illegal Lockout of Tenants in Sarnia: Ginez v EQB Ltd Property Management 2024
Sarnia landlord fined $35000 for illegal lockout of tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 721 Earlscourt Drive, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed to Tenant
$162
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Tenancy End Date
Jul 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- Landlord had lawful authority to restrict access to units
- Landlord obstructed, coerced, threatened or interfered with the Tenants
- Landlord substantially interfered with the reasonable enjoyment of the rental units or residential complex by the Tenants
- Tenants were illegally locked out of their rental unit
Case Study
The Landlord's actions of locking out the Tenants and then denying access is an outrageous breach of the tenancy. The Landlord's behaviour demonstrates a contempt for the Board and for the Act where they engaged in 'self-help' that must be addressed. There are no other remedies that would provide adequate deterrence and compliance in these circumstances.
Arguments and Actions
Landlord
Arguments
The Landlord was only concerned with the safety and wellbeing of its tenants, and that the decision to restrict access was made in the interests of the tenants' safety and well-being.
Actions
The Landlord made the difficult decision of restricting the ability of the tenants to access or return to their units, until the repair and remediation work had been completed, due to concerns about the tenants' safety and well-being.
Aggravating Factors
The Landlord blatantly disregarded the Act and a Board order putting the Tenant back in possession. The Landlord's behaviour demonstrates a contempt for the Board and the Act.
Tenant
Actions
Tenants testified that their unit was not damaged by the fire, and that they were granted limited access on April 10, 2023 to retrieve their possessions, which were completely untouched.
Decision Summary
The Tenancy is terminated as of July 28, 2023. The Landlord shall pay the Tenant $14,660.20, which includes a rent abatement, costs, and general damages. The Landlord Equity Builders Ltd. shall also pay an administrative fine of $35,000.00 to the Landlord and Tenant Board.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Other Owed Amount
$109
Locksmith costs
Total Owing
$162 (Owed to Tenant)
Fine Payable By: Equity Builders Ltd.
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.