Interim Order (Prevent Re-Renting)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-10-07
CLNP Page ID:	1781
Page Categories:	[Hearing Process (LTB)]
Citation:	Interim Order (Prevent Re-Renting), CLNP 1781, <>, retrieved on 2024-10-07
Editor:	Sharvey
Last Updated:	2021/10/18

Need Legal Help?
Call (888) 655-1076

TNT-88669-16-IN (Re), 2016 CanLII 101800 (ON LTB)

Reasons:

1. The Tenant seeks an order restoring him to possession of the rental unit until the matter can be heard. It would be unusual to make such an order without holding a hearing, because the Landlord has not yet had an opportunity to respond to the Tenant’s request. However, in this case, the balance of convenience favours issuing the interim order the Tenant requests.

2. The Tenant alleges that he lives in room 2 of the basement. The Landlord obtained an order of the Board terminating the tenancy of the tenant who lives in room 1. The Court Enforcement Office (Sheriff) enforced that order on December 14, 2016. However, in the course of enforcing the order against room 1, the Landlord also changed the lock to the whole basement, so the Tenant cannot access his room.

3. In support of his request, the Tenant filed a copy of the Sheriff’s notice posted on the basement door. The notice states that it is effective against room 1, not room 2.

4. Without deciding the issue, based on the information the Tenant filed there is a strong possibility that he will be successful in establishing that the Landlord illegally locked him out. The balance of convenience therefore favours permitting him to return to his home until his application can be heard.

It is ordered that:

1. The Landlord shall immediately allow the Tenant to recover possession of the rental unit and provide the Tenant with keys to the doors of the rental unit and the residential complex.

2. The Landlord shall not re-rent the unit to anyone else.

3. If the Landlord does not allow the Tenant to recover possession of the unit, the Tenant may file this order with the Court Enforcement Office (Sheriff) so that the order may be enforced.

4. Upon receipt of this order, the Court Enforcement Office is directed to give possession of the unit to the Tenant.

SOT-15673-11 (Re), 2011 CanLII 42428 (ON LTB)

Determinations:

1. The Landlord and Tenant entered into a standard tenancy agreement at the end of March 2011. It was understood and agreed, despite a previous contract for employment, that from April 1, 2011 and in the future, the Tenant was required to pay rent for the right to occupy the rental unit. The Tenant did not pay the rent as promised despite receiving a handwritten note from the Landlord threatening to change the locks for non payment of rent. The female Landlord became frustrated by her failed collection efforts, and after discovering the Tenant had changed his own locks, proceeded to damage the Tenant’s lock by breaking a key in it. This damage had the effect of locking the Tenant out of his rental unit.

2. At the hearing, I found there to be a Landlord and Tenant relationship based on the agreement at the end of March 2011. I also found that the Landlords had illegally locked out the Tenant by deliberately damaging the lock to his door. I ordered the Tenant back into possession.

3. The female Landlord gave a submission setting out her dissatisfaction with the system and processes of the Board and her frustration with acting as a landlord.

4. The rental unit is vacant.

5. The Tenant did not prove on a balance of probabilities his moving costs or the costs of future rent. He has not secured another unit and his submission was based on his best guess of what he will have to pay at another rental unit.

For These Reasons

It is ordered that:

1. The Landlords shall immediately allow the Tenant to recover possession of the rental unit and provide the Tenant with keys to the doors of the rental unit and the residential complex.

2. The Landlords shall not re-rent the unit to anyone else.

3. If the Landlords do not allow the Tenant to recover possession of the unit, the Tenant may file this order with the Court Enforcement Office (Sheriff) so that the order may be enforced.

4. Upon receipt of this order, the Enforcement Office is directed to give possession of the unit to the Tenant.

TET-21195-11 (Re), 2011 CanLII 91459 (ON LTB)

1. Tenant T.C. gave evidence that the Landlord served him a Notice N5 on or about November 23, 2011 alleging that he was making too much noise and was being asked to leave the complex. On December 12, 2011 the Tenant returned from work to find the locks had been changed and he could not enter.

2. The Tenant attempted to contact the Landlord on December 12, 2011 but the Landlord did not return his call. He contacted the Landlord on December 13, 2011 and went to the rental unit with Police but again the Landlord refused to allow the Tenant access to the rental unit.

3. The Tenants had no where to go and no money for a hotel so a friend allowed them to reside there for a few days. They must access the unit for medications and T.C. requires his health card on an urgent basis.

4. I find it reasonable that the Landlord compensate the Tenants $100.00 per day for the cost of food and shelter while illegally locked out of the rental unit.

5. On the basis of the Tenants’ evidence, I find that the Landlord or the Landlord's superintendent or the Landlord's agent entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenants replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenants or by a member of their household and withheld a reasonable supply of a vital service, care service, or food that the Landlord was obligated to supply under the tenancy agreement or deliberately interfered with the reasonable supply of vital service, care service, or food.

6. I also find the Landlord terminated the tenancy in a manner that is not in accord with the Residential Tenancies Act, 2006. Section 37 of the RTA stipulates, “A tenancy may only be terminated in accordance with this Act.” In this instance there was no agreement by both parties to terminate the tenancy and no order from the Board to terminate the tenancy.

7. I find the Landlord acted without regard for the Tenants or the RTA and it is reasonable and warranted to levy an administrative fine against the Landlord in the amount of $500.00 to encourage compliance with the Residential Tenancies Act, 2006 in accordance with Guideline 16.

8. The rental unit still contains the Tenants’ belongings.