Tenant Wins Illegal Lockout Case Against Landlord in Toronto: Parsons v Ieraci 2024
Toronto tenant wins illegal lockout case, landlord ordered to provide alternative housing and return rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 28 Lindner Street, Toronto, ON M6N2Z8
Decision in favor of
tenant
Balance Owed to Landlord
$700
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2023
Order Date
Jan 2, 2024
Dispute Summary
Tenant applied for an order determining that Landlord illegally locked her out of the rental unit, substantially interfered with her reasonable enjoyment, and harassed her. The Tenant was locked out of the unit on July 5, 2021 when the Landlord removed all her belongings without her consent.
Determinations
- Tenant was illegally locked out of rental unit on July 5, 2021
- Landlord must provide alternative pet-friendly accommodation to Tenant until repairs are complete
- Landlord must return vacant possession of the unit to Tenant once repairs are complete, at the same rent and terms
- Landlord may face fines up to $35,000 if fails to comply with order to provide alternative accommodation
Case Study
The Landlord's argument of frustration of contract was rejected as the rental unit was not utterly destroyed or so seriously damaged that restoration would be very protracted, and the flood was not an unforeseeable intervening event. The Landlord was found to have illegally locked out the Tenant on July 5, 2021 without a Board order terminating the tenancy.
Arguments and Actions
Landlord
Arguments
Landlord argued the tenancy was frustrated due to the flooding damage, rendering the unit uninhabitable.
Actions
Landlord removed Tenant's belongings from the unit and locked her out on July 5, 2021, believing the tenancy was frustrated due to the flooding damage.
Tenant
Actions
Tenant did not consent to having her belongings removed from the unit and being locked out on July 5, 2021. She did not tell the Landlord she was moving out or agree to terminate the tenancy.
Decision Summary
The Landlord illegally locked out the Tenant from the rental unit on July 5, 2021. The Landlord is ordered to provide alternative pet-friendly accommodation to the Tenant until the repairs to the unit are complete, and then return vacant possession of the unit to the Tenant at the same rent and terms. The Landlord may face fines up to $35,000 if they fail to comply with the order to provide alternative accommodation.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Other Owed Amount
$700
Costs awarded to Landlord
Total Owing
$700 (Owed to Landlord)
Source
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