Tenant Wins Interference Case Against Landlord: Obah v Homestead Land Holdings
Kitchener tenant awarded $5630 after landlord denied early lease termination and interfered with tenant's property
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2969 Kingsway Drive, Kitchener, ON N2C2H7
Decision in favor of
tenant
Balance Owed to Tenant
$5,630
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2021
Hearing Date
Sep 2022
Order Date
Jan 9, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord entered the rental unit illegally, altered the locking system without providing replacement keys, substantially interfered with the reasonable enjoyment of the rental unit, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- Landlord agreed Tenant could vacate at end of lease in November 2021
- Landlord denied access to other movers trying to remove Tenant's remaining possessions
- Landlord must compensate Tenant
- Landlord refused to let Tenant off lease early and insisted Tenant responsible for rent even if sub-let
- Landlord's testimony not credible, contradictory evidence from employees
- Movers refused to move some of Tenant's possessions due to Landlord's claims of infestation
- Tenancy was a fixed term set to expire in November 2021
- Tenant left key with neighbor for sub-tenant, but Landlord denied entry
- Tenant proved allegations in application
- Tenant requested to terminate lease early and vacate sooner
- Tenant's testimony more reliable, acted in good faith based on Landlord's advice
Case Study
The Tenant has proven on a balance of probabilities the allegations contained in the application. The Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit by denying the Tenant's request to terminate the lease early and refusing to permit a sub-tenancy, effectively locking out the Tenant. The Landlord also interfered with the Tenant's movers and damaged the Tenant's property.
Decision Summary
The Landlord substantially interfered with the Tenant's reasonable enjoyment of the rental unit by denying the Tenant's request to terminate the lease early and refusing to permit a sub-tenancy, effectively locking out the Tenant. The Landlord is ordered to pay the Tenant $5,629.64, which includes rent reimbursement, return of the rent deposit, and compensation for damaged and disposed property.
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
$48
Rent Deposit
$1,291
Damages
$3,000
Other Owed Amount
$1,291
Rent reimbursement for July 2021
Total Owing
$5,630 (Owed to Tenant)
Source
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