Landlord Ordered to Pay $17060 for Illegal Lockout of Tenant in Sarnia: Waddilove v EQB LTD 2024
Tenant Awarded $17060 in Damages for Illegal Lockout in Sarnia
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 721 Earlscourt Drive, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
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; 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
- The Landlord obstructed, coerced, threatened or interfered with the Tenants.
- The Landlord substantially interfered with the reasonable enjoyment of the rental units or residential complex by the Tenants or by members of their households.
- The Tenants had been illegally locked out of their rental unit.
Case Study
The Tenant has a lawful right to return to their unit as soon as the Landlord completes the restoration work. Until that happens, this application cannot be resolved. The Tenant should not be put to the requirement to submit another T2 application alleging an illegal lockout where it has already been determined, should the Landlord not restore possession once the work is completed.
Arguments and Actions
Landlord
Arguments
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. This difficult decision was made in the interests of the safety and well-being of the tenants, as the Landlord's professionals had advised it that there was a risk to the tenants' safety and well-being if they returned to the Residential Complex before all work had been completed and before the appropriate professionals confirmed that the Residential Complex was fit for occupancy.
Actions
The Landlord demanded the Tenant get insurance for the unit when they could not even live in it, and told the Tenant that until they had proof of insurance, they could not access their items. The Landlord provided a series of photos to show that the unit was a mess after the Tenant accessed it.
Aggravating Factors
The Landlord failed to mitigate any damages to the Tenant's unit and may have even been the cause of additional damage to the unit. The Landlord did not advise the Tenant of the flooding and took no action to immediately remediate the flooding to mitigate any damages.
Tenant
Actions
The Tenant was able to grab some clothes and stuff for their children after the fire. The Tenant reached out to the Landlord on multiple occasions to see when they could return or to get some items, but the Landlord did not provide any information. The Tenant went into the unit in April 2023 and took a couple videos, and there was nothing wrong with the unit at that time.
Decision Summary
The Tenants have not been restored possession of their rental unit. The Landlord shall at their own expense remove, repair and store the Tenant possessions, until the Tenant is fully restored possession of the unit. The Landlord shall pay the Tenant $17,060.20 for out-of-pocket expenses, general damages, and costs. The Landlord Equity Builders Ltd. shall pay the Landlord and Tenant Board an administrative fine of $35,000.00.
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
$53
Administrative Fine Payable to LTB
$35,000
Fine Payable By: Equity Builders Ltd.
Source
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