Tenant Changed the Lock (RTA)

TEL-88821-18 (Re), 2018 CanLII 111746 (ON LTB)

25. Although the notice implies that the Tenant changed the locks to stop the Landlord from entering to inspect or do the necessary repairs that is not what actually happened.

26. Both parties acknowledge the locks were changed many years ago and the Landlord was fully aware of it and had no problem with that until the floor damage occurred.

27. But no evidence was led that the locks were changed with the Landlord’s consent, and no evidence was led that the Tenant provided the Landlord with a replacement key after the notice of termination was issued.

28. Pursuant to s. 35(1) of the Act:

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.

29. So regardless of when the locks were changed or why, I am satisfied the Tenant changed the lock in contravention of the Act. As the Landlord needs the key to enter the unit to do repairs and inspections, that behaviour substantially interferes with a lawful right of the Landlord.

30. That being said, pursuant to s. 83(1) of the Act, I am not prepared to issue an eviction order on this basis. The Landlord has known for years the Tenant changed the lock and was content to let her do so. It could at any time over the years have brought the appropriate application to obtain a key, or change the lock back to ensure it had access as needed. In other words, the Landlord’s acquiescence to the Tenant’s behaviour indicates it was not a serious issue for the Landlord until the floor damage appeared.