Tenant Wins Against Landlord's Illegal Entry and Harassment - Mccalla v 1000085600 ONTARIO LIMITED
Tenant awarded over $6000 against landlord for illegal entry, changing locks, and harassment
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 2866 Keele St, North York, ON M3M2G8
Decision in favor of
tenant
Balance Owed to Tenant
$6,372
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2024
Hearing Date
Jun 2024
Order Date
Jul 25, 2024
Dispute Summary
The Tenant filed an application alleging the Landlord illegally entered the rental unit, changed the locks, substantially interfered with their reasonable enjoyment, and harassed them and their guests. The Tenant sought rent abatement, reimbursement of expenses, general compensation, and an administrative fine against the Landlord.
Determinations
- Tenant proved Landlord illegally entered unit and changed locks
- Tenant did not prove Landlord refused to accept rent or denied access to internet room
- Tenant did not prove Landlord harassed them or denied access to parking space
- Tenant did not prove Landlord's security cameras invaded their privacy
Arguments and Actions
Landlord
Arguments
Relied on Board guidelines and previous orders, claimed other tenants' safety and financial implications on Landlord
Actions
Landlord claimed entry was for pest control, used non-licensed agents, and placed tenant's belongings in garbage bags to treat with pesticide.
Aggravating Factors
Landlord's lack of accountability and defiance when presented with video evidence of illegal entry
Tenant
Actions
Tenant returned to find Landlord and agents removing their property and changing the locks. Tenant repeatedly asked Landlord to stop but was refused.
Decision Summary
The Tenant proved the Landlord illegally entered the unit, changed the locks, and substantially interfered with their reasonable enjoyment. The Tenant is awarded $1,249.66 in rent abatement, $122.80 in expenses, and $5,000 in general compensation. The Landlord is also ordered to pay a $2,500 administrative fine.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,041
Administrative Fine Payable to LTB
$2,500
Total Owing
$6,372 (Owed to Tenant)
Fine Payable By: Landlord
Source
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