Illegal Lockout (Landlord Changes Locks)

See Also: Trespass to Property (LTB)

Residential Tenancies Act, 2006, S.O. 2006, c. 17

22 A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.

24 A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys.

35 (1) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without the consent of the landlord.

(2) If a tenant alters a locking system, contrary to subsection (1), the landlord may apply to the Board for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant’s occupancy of the rental unit without the consent of the landlord.

(3) If the Board in an application under subsection (2) determines that a tenant has altered the locking system or caused it to be altered, the Board may order that the tenant provide the landlord with keys or pay the landlord the reasonable out-of-pocket expenses necessary to change the locking system. 2006, c. 17, s. 35 (3).

37 (1) A tenancy may be terminated only in accordance with this Act.

39 A landlord shall not recover possession of a rental unit subject to a tenancy unless,

(a) the tenant has vacated or abandoned the unit; or

(b) an order of the Board evicting the tenant has authorized the possession.

40 No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant.

233 A person is guilty of an offence if the person knowingly,

(b) alters or causes to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 24 or 35;

(f) recovers possession of a rental unit without complying with the requirements of sections 48.1, 52, 54 and 55;

(g) coerces a tenant to sign an agreement referred to in section 121;

235 (1) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant’s reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence.

238 (1) A person, other than a corporation, who is guilty of an offence under this Act is liable on conviction to a fine of not more than $25,000.

(2) A corporation that is guilty of an offence under this Act is liable on conviction to a fine of not more than $100,000.

TET-01936-09 (Re), 2010 CanLII 25302 (ON LTB)

3. Pursuant to Board order TEL-25115, issued July 22, 2009, the tenancy was terminated for non-payment of rent. The Tenants did not void this order by paying the arrears to the Landlord. RTC had the right to file order TEL-25115 with the Sheriff on or after August 2, 2009 in the event of non-payment. However, RTC did not file order TEL-25115 with the Sheriff.

7. The Tenants vacated the rental unit on September 3, 2009 as a result of the N12 Notice. The Tenants initially told the property management company retained by the Landlord that they would vacate the rental unit by August 31, 2009. However, the Tenants were not finished packing by August 31, 2009. The property management company agreed to extend the deadline until September 1, 2009. On September 2, 2009 the Tenants were still loading their van. GB, who works for the property management company, changed the locks on the rental unit on September 2, 2009 without giving the Tenants a key, but told the Tenants they could have access to the rental unit for the rest of the day to finish packing. He asked the Tenants to call him when they were finished packing. Not having heard from the Tenants, he returned to the unit at approximately 2 a.m. and discovered that the Tenants were still inside the rental unit. He asked them to leave, and then locked the door. The Tenants spent the rest of night in their truck parked outside of house.

Determinations:

2. The Landlord’s agent altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenants replacement keys.

3. The Landlord’s agent entered the rental unit illegally

4. The Landlord’s agent substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants.

TST-54122-14 (Re), 2015 CanLII 69365 (ON LTB)

25. I am also satisfied that the Landlords breached section 24 of the Act by changing the locking mechanism to the common facilities and did not provide the Tenants with a replacement key. I am satisfied that the Tenants’ use of the facilities were part of the agreement the Tenants had with the Landlord TR from the beginning of the tenancy.

30. Based on the Landlords’ conduct, namely the conduct of Landlord AP, and its effect on the Tenants, I find a fine in the amount of $500.00 against the Landlords is warranted in the circumstances. This fine is levied in order to discourage the Landlords from engaging in a similar conduct in the future.

27. Based on the impact of the Landlord’s breaches on the Tenants, I am satisfied that an abatement of rent in the amount of $825.00 is warranted. This represents approximately 25% abatement for two months.

TST-57059-14-RV (Re), 2015 CanLII 36970 (ON LTB)

33. The only evidence offered by either party with respect to a replacement key was a statement by the Tenant that when she first spoke to the Cleaner about what happened she asked for her locker back. There is no other indication she asked for another locker or a replacement key. The Landlord also led no evidence to indicate that after it realised what had happened it provided or offered to her a replacement key or locker.

34. What this means is that there is actually no dispute between the parties that the Landlord changed the lock on the locker in question and failed to provide a replacement key. Rather, the Landlord argues that the Tenant was not entitled to the locker she was using; it was not included as a service in her tenancy agreement.

35. It is true that access to a locker is not explicitly included in the Tenant’s tenancy agreement but it would appear that is the norm for this residential complex; that is the reason why the locker clear out project was necessary. Lockers were not explicitly assigned; they were given away on a first come first serve basis.

36. The Tenant says that the superintendent gave her access to the locker when she was an occupant living in the previous unit. That superintendent was never called by the Landlord to testify so I accept this is true even though the Tenant was not a tenant in the residential complex at the time; merely an occupant. There was also no evidence to refute the Tenant’s statement that when she signed the lease for the current rental unit no one asked her for the locker back.

37. Under these circumstances it is not open to the Landlord to claim now that the Tenant had no rights with respect to her locker. That would be the equivalent of permitting the Landlord to benefit after the fact from its own carelessness in granting access to lockers without keeping track of who had one and who did not.

38. So I am satisfied that the Landlord breached section 24 of the Act. I would point out that changing the lock to the locker alone is not a breach of section 24; rather a landlord is free to change a lock – the breach only occurs where the landlord fails to provide a replacement key after the lock is changed.

45. The application seeks abatement of the rent in the amount of $238.00. The monthly rent is $1,265.00. So the abatement requested is about 19% of one month’s rent. Given my knowledge of previous cases before the Board I believe this is not an unreasonable nominal amount for abatement given the Landlord’s breach here. An order shall issue accordingly.

TST-78142-16 (Re), 2016 CanLII 88280 (ON LTB)

3. The residential complex is a rooming house with four floors. There are three units on the third floor, a unit on the second floor and a unit in the basement. The rental unit is on the third floor. It has a bathroom but shares a kitchen with three other units.

6. At the hearing, the Landlord provided his reasons for locking the Tenant out, including complaints from other tenants that the Tenant smoked marijuana in his car. However, section 24 is an absolute ban on a landlord locking a tenant out and it does not allow for any justifications. The Landlord could have availed himself of other notices and procedures at the Board to address the Tenant’s offending behaviour. In fact, the Landlord was aware of this option because he served an N5 Notice of Termination on the Tenant but he did not take further steps because he did not want to pay the application filing fee.

7. Accordingly, I find that by denying the Tenant access to the residential complex on September 27, 2016 and changing the locks to the building without giving the Tenant a key, the Landlord violated section 24 of the Act. I also find that by locking the Tenant out, the Landlord substantially interfered with the Tenant’s reasonable enjoyment of the residential complex or rental unit contrary to section 22 of the Act. In support of his allegation that the Landlord harassed him, the Tenant’s only evidence was a text message the Landlord sent him on September 20, 2016 saying that the Tenant had one week to move out before the Landlord changed the locks. However, I am not satisfied on a balance of probabilities that this text rises to the level of harassment.

HOT-03127-18-AM (Re), 2018 CanLII 141506 (ON LTB)

5. A few days prior to the lock out, the Landlord had left the Tenant a letter dated July 27, 2018 (although he may have intended it to be dated June 27, 2018), stating that the Tenant would no longer have access to the rental unit after 11:59 p.m. on June 30, 2018 due to non-payment of rent and “other tenancy issues”. The letter further states that the Tenant’s use of the rental unit as an Airbnb/short term rental was against the tenancy agreement. The letter also states that the locks would be changed by 8:00 a.m. on July 2, 2018.

6. The Tenant believes she was locked out pursuant to the Landlord’s letter. The Tenant was not aware of any order of the Board, terminating the tenancy. The Tenant had not received a notice of termination or an application to terminate the tenancy at the time she was locked out. Further, on July 2, 2018, the Tenant was not intending to move out of the rental unit. The Tenant moved out on August 28, 2018. There were no other lock-outs after July 2, 2018.

7. Based on the evidence before me, I am satisfied on a balance of probabilities that the Landlord breached section 24 of the Residential Tenancies Act, 2006 (the “Act”) by altering the lock on the door to the rental unit during the Tenant’s occupancy without giving the Tenant replacement keys. Even if the Tenant was not paying her rent or was causing other issues in her tenancy, the Landlord was required to follow the procedures for terminating the tenancy in the Act, instead of circumventing them. The tenancy could only be terminated in accordance with the Act, as provided by section 37, but in this case the Landlord attempted to do so unilaterally and contrary to the provisions of the Act.

TST-80082-16 (Re), 2017 CanLII 9501 (ON LTB)

4. There is no dispute between the parties that the Tenant initially moved into room number 3. On December 29, 2014, he paid a last month’s rent deposit of $500.00.