LaFleur v Subotich

Tenant wins · Hamilton · 2025-11-18

Adjudicator

Nancy Morris

Dispute

Damage to Property, Illegal Act, Substantial Interference, Tenant Rights

Notice

Tenant rights (T2)

Amount

$5-10K

Landlord

J.S.

Tenant

J.L.

Landlord rep

N. Herbert

What happened

The Tenant filed an application alleging that the Landlord illegally entered the rental unit, changed the locks, and disposed of the Tenant's personal property. The Landlord claimed the Tenant had signed an agreement to terminate and abandoned the unit, but the evidence showed the Landlord unilaterally called a junk removal service while the Tenant was still in the process of moving out. The Landlord justified his actions by claiming expertise in 'minutiae' and deciding the Tenant's belongings were junk.

The ruling

The Landlord is ordered to pay the Tenant a total of $6,053.00 by November 29, 2025. This includes $3,000.00 for the replacement of destroyed/disposed property (including specialized fishing gear and collector items), $3,000.00 in general compensation for the illegal entry and loss of enjoyment, and the $53.00 application fee. The Board found the Landlord's actions in throwing out the Tenant's property while the Tenant was still present to be unlawful and a breach of the Act.