Tenants Win Against Landlord Who Changed Locks: Donnelly v Cecchetto
Tenants awarded $2481 after landlord changed locks and denied them access to rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1478 Clementine Blvd, Ottawa, ON K1H8E9
Decision in favor of
tenant
Balance Owed to Tenants
$2,482
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Aug 22, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenants replacement keys.
Determinations
- Tenants proved allegations on balance of probabilities
- Landlord changed locking system without providing replacement keys
- Tenants were locked out on move-in date
- Tenants incurred expenses for rent abatement, paint, and storage
Arguments and Actions
Landlord
Actions
Landlord changed locks and refused to allow Tenants to move in or return rent paid.
Tenant
Actions
Tenants signed lease, paid first and last month's rent, and were given keys to clean and paint unit. Tenants noticed mold and planned to have health inspector inspect unit on move-in date, but Landlord changed locks and refused to allow them to move in.
Decision Summary
Landlord must pay Tenants $2,481.58 by September 2, 2024 for rent abatement, paint, storage, and application fee. Landlord must also pay $750 administrative fine to LTB by September 2, 2024.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$48
Administrative Fine Payable to LTB
$750
Other Owed Amount
$2,434
Rent abatement, paint, storage
Total Owing
$2,482 (Owed to Tenants)
Fine Payable By: Landlord
Source
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