Brouse v R.R.
Tenant wins · 2018-07-19
- Dispute
- Harassment, Illegal Entry, Substantial Interference
- Landlord
- R.
- Tenant
- L.B.
- Landlord rep
- J.M.
- Tenant rep
- S.H.
What happened
Tenant applied for an order to determine whether the Residential Tenancies Act applies and for an order determining that Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household.
The ruling
The Residential Tenancies Act, 2006 applies. The Landlord breached the Act by entering the unit without notice, physically removing the Tenant, changing the locks, issuing a Trespass Notice against the Tenant's son, and showing the property to prospective purchasers without proper notice. The Landlord was ordered to pay an administrative fine of $5,000, an abatement of rent of 100% for November 1, 2017 to January 31, 2018, $400 for moving costs, and $2,500 for damages.