Tenant Wins Illegal Lockout Case: Laczi-bencze v Cheung 2024
Bowmanville tenant awarded $10000 after landlord illegally locked him out and disposed of his belongings
Summarized by RentZenLast updated: November 3, 2024
Case Summary
54 Liberty St N, Bowmanville, ON L1C2L7
Decision in favor of
tenant
Balance Owed to Tenant
$10,000
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Apr 2024
Hearing Date
May 2024
Order Date
Sep 4, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord illegally entered the rental unit, altered the locking system without providing replacement keys, and substantially interfered with the Tenant's reasonable enjoyment of the rental unit.
Determinations
- Tenant proved allegations on a balance of probabilities
- Landlord must pay Tenant $10,000
- Landlord must pay LTB $2,000 administrative fine
- Tenancy terminated as of April 1, 2024
- Interim order cancelled
Case Study
The Landlord failed to prove that the Residential Tenancies Act, 2006 did not apply to this tenancy. The Tenant's evidence was found credible, and the Landlord's actions of illegally locking out the Tenant and disposing of the Tenant's belongings were found to be in violation of the Act.
Arguments and Actions
Landlord
Arguments
Landlord argued the Residential Tenancies Act, 2006 did not apply because the Tenant was required to share kitchen and bathroom facilities with the Landlord.
Actions
Landlord locked the Tenant out and disposed of the Tenant's belongings.
Tenant
Actions
Tenant's belongings were disposed of by the Landlord, including clothes, boots, winter jackets, a TV, a mini-fridge, a bed, blood pressure medications, dentures, glasses, and legal papers.
Decision Summary
The Landlord must pay the Tenant $10,000 for illegally locking the Tenant out and disposing of the Tenant's belongings. The Landlord must also pay the LTB a $2,000 administrative fine. The tenancy is terminated as of April 1, 2024.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Damages
$4,000
Administrative Fine Payable to LTB
$2,000
Other Owed Amount
$6,000
General non-pecuniary damages
Total Owing
$10,000 (Owed to Tenant)
Fine Payable By: Landlord
Source
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