Tenant Wins Illegal Lockout Case: Morrison v DH Westview Properties Ltd
Tenant awarded over $5400 after landlord illegally changed locks and locked him out of rental unit in Burlington
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 2091 Meadowbrook Road, Burlington, ON L7P2A5
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Oct 2021
Order Date
Mar 19, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord: entered the rental unit illegally; 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 Tenant's reasonable enjoyment of the rental unit or residential complex for all usual purposes; harassed, obstructed, coerced, threatened or interfered with the Tenant; and did not give the Tenant 72 hours to remove the Tenant's property from the rental unit or from some place close to the rental unit.
Determinations
- Landlord changed locks without lawful authority
- Landlord's actions substantially interfered with Tenant's reasonable enjoyment
- Landlord's actions amounted to harassment
- Landlord did not provide Tenant with replacement key after changing locks
Arguments and Actions
Landlord
Arguments
Tenant was not a tenant of the rental unit and was only an occupant, so the Landlord did not need to follow the proper termination process.
Actions
Landlord changed the locks on January 7, 2020 because the Tenant's girlfriend, who was the property manager, asked to have the locks changed and the probation officer said the Tenant would not be allowed in the unit anymore.
Tenant
Arguments
Tenant was a tenant of the rental unit and the Landlord illegally locked him out without following the proper termination process under the Residential Tenancies Act.
Actions
Tenant moved into rental unit on November 11, 2018 and was given a key by the property manager. Tenant's personal belongings were in the rental unit when the locks were changed on January 7, 2020.
Decision Summary
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord changed the locks for the rental unit without lawful authority, which substantially interfered with the Tenant's reasonable enjoyment of the rental unit and amounted to harassment. The Landlord must pay the Tenant $5,486.14, which includes increased rent, moving expenses, out-of-pocket expenses, and general damages.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Application Fee
$53
Damages
$2,500
Other Owed Amount
$904
Increased rent for 12 months
Total Owing
$5,486 (Owed to Tenant)
Source
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