Brown v Harron
Last updated: September 12, 2024
Order
Ordered by Harry Cho,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: Brown v Harron, 2023 ONLTB 68682
File Number: LTB-T-066965-22
Timeline
Application Date
Sep 2022
Hearing Date
Sep 2023
Order Date
Oct 25, 2023
Decision
The Landlord is ordered to return the Tenants' leather couch and pair of shoes by October 29, 2023. If the Landlord fails to do so, the Landlord shall pay the Tenants $1,553.00 to replace the items.
Dispute
Tenants applied for an order determining that the Landlord entered the rental unit illegally and substantially interfered with the reasonable enjoyment of the rental unit. The Landlord entered the unit without notice and changed the locks, preventing the Tenants from accessing their personal property.
Determinations
- Landlord entered rental unit without notice and consent on September 8, 2021
- Landlord entered rental unit again on or before March 26, 2022 without notice and consent
- Landlord illegally retained Tenants' personal property, including a leather couch and a pair of shoes
- Tenants were entitled to continue possessing the rental unit until March 31, 2022
Landlord's Arguments
Actions and Evidence
Landlord entered the rental unit without notice and consent on September 8, 2021 and again on or before March 26, 2022. Landlord retained the Tenants' personal property, including a leather couch and a pair of shoes.
Tenant's Arguments
Actions and Evidence
Tenants were unable to access the rental unit after the Landlord changed the locks on March 26, 2022. Tenants complained to the police but decided not to force their way in due to potential liability for damage.
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