Tenant Wins $5724 in Illegal Lockout Case Against Landlord: O'Grady v EQB Ltd Property Management 2024
Sarnia tenant awarded $5724 in damages after landlord illegally locked him out, landlord fined $35000
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
$5,724
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
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, 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 and continues to have 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 had been illegally locked out by their Landlord
Case Study
The Landlord's actions of locking out the Tenant and then delaying permitting the retrieval of his pet were an outrageous breach of the tenancy. The Landlord blatantly disregarded the Act and the Board's orders, demonstrating a contempt for the Board and the Act. The Landlord's conduct must be addressed with the maximum administrative fine to provide adequate deterrence and compliance.
Arguments and Actions
Landlord
Arguments
Landlord submitted that an administrative fine is not warranted as there was no blatant disregard for the RTA, and the Landlord was only concerned with the safety and wellbeing of its tenants.
Actions
Landlord made the difficult decision of restricting the ability of the tenants to access or return to their respective 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 the Board's orders, demonstrating a contempt for the Board and the Act.
Tenant
Actions
Tenant was able to stay with his parents while illegally locked out, but it was frustrating not having access to his personal possessions. Tenant lost everything in his freezer and his freezer had not been cleaned out. Tenant testified he did not deserve to be treated the way the landlord treated him under the tenancy agreement and that the whole thing was stressful and traumatic.
Decision Summary
The Landlord substantially interfered with the reasonable enjoyment of the rental units or residential complex by the Tenants and obstructed, coerced, threatened or interfered with the Tenants. The Tenant is awarded $5,724.40 in rent abatement, application costs, and general damages. The Landlord Equity Builders Ltd. is ordered to pay an administrative fine of $35,000.00.
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$961
Application Fee
$53
Damages
$4,961
Administrative Fine Payable to LTB
$35,000
Other Owed Amount
$109
Locksmith costs
Total Owing
$5,724 (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.