Interim Order (Prevent Re-Renting)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-02
CLNP Page ID:	1781
Page Categories:	[Hearing Process (LTB)]
Citation:	Interim Order (Prevent Re-Renting), CLNP 1781, <>, retrieved on 2024-06-02
Editor:	Sharvey
Last Updated:	2021/10/18

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.