Landlord Wins Illegal Entry Dispute: Ulloa v Opara 2024
LTB dismisses tenant's claims of illegal lock changes in North York rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
419 Lawrence Ave W, North York, ON M6A0B6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 19, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord illegally entered the rental unit, altered the locking system without providing replacement keys, substantially interfered with the reasonable enjoyment of the rental unit, and harassed, obstructed, coerced, threatened or interfered with the Tenants.
Determinations
- The Tenant's application is dismissed.
- The Landlord did not illegally change the locks or deny the Tenant access to the rental unit.
- The lock change was conducted by the condominium management as part of a standard key audit to ensure building safety, and the Tenant was provided with a new key promptly.
- There is no evidence to suggest that the Landlord attempted to unlawfully evict the Tenant.
Case Study
The Tenant's claims about being locked out of the unit were inconsistent. The Tenant later acknowledged that she was inside the apartment when the locks were changed and continued to reside in the unit after the alleged lock change. The Tenant admitted to receiving communication from the Landlord regarding the availability of the new key, contradicting the earlier assertion that he had no access. The lock change was conducted as part of a key audit required by the condominium's bylaws, and the Tenant was duly informed about the key replacement. There was no evidence to support the Tenant's allegation that the lock change was an attempt by the Landlord to unlawfully evict her.
Decision Summary
The Tenant's application is dismissed. The Landlord did not illegally change the locks or deny the Tenant access to the rental unit. The lock change was conducted by the condominium management as part of a standard key audit to ensure building safety, and the Tenant was provided with a new key promptly.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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