Landlord Fined $35000 for Illegal Lockout of Tenant in Sarnia: Naylor v Equity Builders Place 2024
$35K Fine for Sarnia Landlord's Illegal Lockout of Tenant
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
$15,503
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
The Tenant 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, and did not give the Tenant 72 hours to remove their property from the rental unit or from some place close to the rental unit after the Sheriff evicted the Tenant.
Determinations
- The Landlord had and continues to have lawful authority to restrict access to units
- The Landlord obstructed, coerced, threatened or interfered with the Tenants
- The Landlord substantially interfered with the reasonable enjoyment of the rental units or residential complex by the Tenants
- The Tenants had been illegally locked out of their rental unit
Case Study
The Landlord's actions of locking out the Tenant and then denying access is an outrageous breach of the tenancy. The Landlord disregarded the Board's orders and 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 made the difficult decision to restrict access to the rental units until repair and remediation work was completed.
Actions
The Landlord restricted the Tenant's access to the rental unit due to concerns about the safety and well-being of the Tenants after a fire, but did not have lawful authority to do so.
Procedural Errors
The Landlord did not appeal the City of Sarnia order that permitted the Tenants to return, and instead locked out the Tenants and changed the locks.
Aggravating Factors
The Landlord disregarded the Board's orders and engaged in 'self-help' by locking out the Tenant and denying access, which is an outrageous breach of the tenancy.
Tenant
Actions
The Tenant was able to retrieve their dog, some clothing and important documents on February 20, 2023. The Tenant stayed with their mother and step-dad during the lockout.
Decision Summary
The Tenant was illegally locked out by the Landlord and the Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit. The Tenant is awarded $15,503.20 in general damages, rent abatement, and costs. The Landlord Equity Builders Ltd. is ordered to 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%
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Financial Details
Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Total Owing
$15,503 (Owed to Tenant)
Fine Payable By: Equity Builders Ltd.
Source
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