Escobar Hernandez v Seitz

Tenant wins · St. Catharines · 2025-06-02

Adjudicator

Vladimir Nikitin

Dispute

Harassment, Illegal Entry, Illegal Lock Change, Substantial Interference

Landlord

M.S.

Tenant

J.E.H.

What happened

The Tenant filed an application alleging the Landlord performed an illegal lockout, substantially interfered with her reasonable enjoyment, and harassed her. The dispute arose after the Landlord moved into the property in December 2024, allegedly to circumvent the Residential Tenancies Act, and subsequently changed the locks on March 19, 2025, forcing the Tenant to vacate. The Landlord contested that the Act did not apply due to a shared kitchen and that the Tenant left voluntarily. The Tenant acknowledged owing $8,270 in rent arrears.

The ruling

The Board found in favor of the Tenant. The Landlord was found to have illegally locked out, harassed, and substantially interfered with the Tenant. The Tenant was awarded a total of $4,587.00, comprising a $4,000 rent abatement and $587 for expenses. This amount is ordered to be offset against the Tenant's acknowledged rent arrears of $8,270.00. No further payment is ordered.