Last updated: July 22, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$6,309
to Tenant
Agree with the ruling?
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
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 $6,309.50, including $100 for out-of-pocket expenses, $700 for application and other costs, and $5,509.50 in general damages. The Landlord Equity Builders Ltd. is also ordered to pay an administrative fine of $35,000 to the Landlord and Tenant Board.
The Tenant applied for an order determining that the Landlord and Landlord's Agent: 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; harassed, obstructed, coerced, threatened or interfered with the Tenant; 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 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.
The Landlord made the difficult decision of restricting the ability of the tenants of the Residential Complex to access or return to their respective units, until the repair and remediation work had been completed, due to concerns about the safety and well-being of the tenants.
The Landlord blatantly disregarded the Act and a Board order putting the Tenant back in possession, engaging in 'self-help' that must be addressed. The Landlord's behaviour demonstrates a contempt for the Board and for the Act.
The Tenant testified that they were able to enter the unit on February 20, 2023 to grab some clothing and stuff, and that they did not see any damage, but there was a smell of smoke. The Tenant also testified that when they entered their unit, it was completely untouched and undamaged, but the refrigerator was missing and a photo that had been on the refrigerator had been torn and left on the floor.
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Application Fee
$53
Damages
$5,509
Administrative Fine Payable to LTB
$35,000
Other Amount
$100
out-of-pocket expenses
Ordered Amount
$6,309 (to Tenant)
Fine Payable By: Equity Builders Ltd.
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