Marynuk v Levesque

Tenant wins · Sudbury · 2021-04-15

Adjudicator

Kimberly Parish

Dispute

Disposal Of Tenant Property, Illegal Entry, Interference With Reasonable Enjoyment, Withholding Of Vital Services

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.L.

Tenant

D.M., K.C.

Landlord rep

Karen Levesque

What happened

Tenants applied for an order determining that the Landlord or the Landlord's superintendent or agent harassed, obstructed, coerced, threatened or interfered with them, entered the rental unit illegally, altered the locking system on a door giving entry to the rental unit or residential complex without giving them 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 or deliberately interfered with the reasonable supply of a vital service, care service, or food that the Landlord is obligated to supply under the tenancy agreement, sold, retained or otherwise disposed of the Tenants' property before 72 hours had elapsed after the Tenants were evicted and the Landlord did not make the Tenants' property available to be retrieved at a location close to the rental unit within 72 hours after the Tenants was evicted.

The ruling

The Landlord breached the Residential Tenancies Act by changing the locks without providing replacement keys, entering the rental unit illegally without 24 hours notice, and re-renting the unit while the Tenants still had possession and belongings inside. The Landlord is ordered to pay the Tenants $4,688.40 for the value of the belongings the Tenants were unable to retrieve, as well as $250 for moving expenses. The Landlord is also ordered to return any remaining Tenant property in the Landlord's possession, and to pay a $500 administrative fine to the Board.