Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$15,503
to Tenant
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Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
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.
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.
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.
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.
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.
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.
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.
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Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Ordered Amount
$15,503 (to Tenant)
Fine Payable By: Equity Builders Ltd.
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