Landlord Ordered to Pay $1500 Fine for Illegal Eviction of Tenants in Sudbury: Hogan v Lacasse 2020
Sudbury landlord fined $1500 for illegally evicting tenants from their rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2 Kathleen Street, Sudbury, ON P3C2L7
Decision in favor of
tenant
Balance Owed to Tenants
$1,500
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2020
Hearing Date
May 2020
Order Date
Nov 4, 2020
Dispute Summary
Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally and substantially interfered with their reasonable enjoyment of the rental unit or residential complex.
Determinations
- Landlord served invalid N4 Notice
- Landlord illegally entered rental unit on March 3, 2020
- Landlord illegally recovered possession of rental unit on March 3, 2020
- Landlord's actions constituted substantial interference and harassment
Case Study
The Landlord illegally recovered possession of the rental unit on March 3, 2020 by pressuring the Tenants to leave on that day. The Tenants succumbed to this pressure; they did not vacate the rental unit voluntarily. The Landlord also illegally entered the rental unit on March 3, 2020 without providing the required 24-hour written notice. These actions constitute substantial interference with the Tenants' reasonable enjoyment of the premises and harassment of the Tenants.
Arguments and Actions
Landlord
Arguments
Landlord believed Tenants had given notice to vacate
Actions
Landlord entered unit without notice, raised his voice, and insisted Tenants leave unit that day
Procedural Errors
Landlord failed to obtain legal advice before demanding Tenants move out immediately
Aggravating Factors
Landlord bullied Tenants into leaving unit so he could have new tenants move in the same day
Tenant
Actions
Tenants had to hastily pack their belongings into duffel bags and leave the unit on March 3, 2020 due to Landlord's pressure
Decision Summary
The Landlord illegally entered the rental unit and illegally recovered possession of the unit on March 3, 2020. The Landlord's actions constituted substantial interference with the Tenants' reasonable enjoyment of the premises and harassment of the Tenants. The Landlord is ordered to pay the Tenants $1,000 in general damages and $500 as a rent abatement, as well as a $1,500 administrative fine to the LTB.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Rent Deposit
$1,000
Damages
$1,000
Administrative Fine Payable to LTB
$1,500
Total Owing
$1,500 (Owed to Tenants)
Fine Payable By: Landlord
Source
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