Taman v Xhelli

Tenant wins · North York · 2023-04-05

Adjudicator

Jagger Benham

Dispute

Illegal Lock-Out

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

F.X.

Tenant

H.T., P.O.

Tenant rep

Samuel Pevalin

What happened

Tenants applied for an order determining that the Landlord altered the locking system on the rental unit without providing replacement keys. The Landlord claimed he had asked the Tenant Taman Haney to vacate the unit in August 2022 due to various issues, and had posted an N4 notice in January 2023, but did not file an eviction application with the Board.

The ruling

The Landlord is ordered to pay the Tenant $53 for the application fee, $950 for a rent abatement, and $2,000 in general damages for a total of $3,003. The Landlord must immediately allow the Tenant to recover possession of the rental unit by providing keys/fobs/digital codes. If the Landlord fails to do so by April 5, 2023, the Tenant may file the order with the Court Enforcement Office for enforcement.