N/A v Kerns

Tenant wins · Brampton · 2025-05-09

Adjudicator

Joy Xiao

Dispute

Substantial Interference, Tenant Rights

Notice

Tenant rights (T2)

Amount

<$5K

Landlord

J.K.

Tenant

N.

What happened

The Tenant filed an application alleging the Landlord substantially interfered with his reasonable enjoyment by illegally evicting him. The Tenant had gone on a two-month vacation, asking the Landlord to sublet his room. Upon his return, the Landlord had re-rented the unit to someone else and refused him access. The Landlord argued that the Tenant had not paid rent for two months and she believed he was not returning.

The ruling

The Landlord is ordered to pay the Tenant a total of $550.63. This amount covers $502.63 for the Tenant's hotel costs and the $48.00 application fee. The decision was based on the finding that the Landlord substantially interfered with the Tenant's enjoyment by illegally re-renting his unit while he was on a known vacation and then refusing him access upon his return, which constituted an illegal eviction. The Tenant's request to regain possession of the unit was denied because it is currently occupied by another tenant.