LTB Order LTB-T-067016-22

O. under Section 31 Residential Tenancies Act, 2006 Citation: L. v S., 2023 ONLTB 64485 2023 ONLTB 64485 (CanLII) Date: 2023-09-27 File Number: LTB-T-067016-22 In the matter of: 794 20TH ST W OWEN SOUND ON N4K4E2 Tenant Between: B. L. S. 27 2023 A. L. M. S. B. L. (the 'Tenant') A. F. an O. D. T. M. S. (the 'L.'):  altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys.  substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household.  harassed, obstructed, coerced, threatened or interfered with the Tenant. This application was heard by videoconference on January 18, 2023. Only the Tenant attended the hearing. As of 1:30 p.m., the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Tenant 's evidence. Determinations: 1. As explained below, the Tenant proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the Tenant $1,985.00 2. By way of background, the Tenant moved into the unit on December 1, 2019. 3. The Tenant testified T. the L. gave her with a document sometime in March or April 2022 T. she signed T. terminated her tenancy on April 30, 2023. She testified T. this was not an N11 or an N9 A. when the L. gave it to her, he told her she had to sign it or the sale of the house would not go through. 4. She had further discussions with the L. after April 30, 2022 where the L. indicated she could stay passed April 30, 2022 as she had not found another place to live. O. Page 1 of 4  File Number: LTB-T-067016-22 5. The Tenant testified T. on May 24, 2022 while she was at work, she received a call from another tenant in the house advising her T. the L. A. four other men were at the unit, A. they were moving her belongings out of the house. 6. The Tenant testified T. she arrived at the unit A. saw the L. A. other people 2023 ONLTB 64485 (CanLII) there removing her items. The L. refused to let her enter, put a padlock on the unit A. did not give the Tenant a key. Analysis 7. Section 39 of the Act says: 39 A L. shall not recover possession of a rental unit subject to a tenancy unless, (a) the tenant has vacated or abandoned the unit; or (b) an O. of the Board evicting the tenant has authorized the possession. 8. Section 24 of the Residential Tenancies Act, 2006 states: 24 A L. shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys 9. Based on the uncontested evidence before me, I find T. on May 24, 2022, the L. changed the locks A. did not provide the Tenant with replacement keys, thereby illegally locking her out of her unit. The Tenant did not vacate or abandon the unit A. the L. did not have an O. from the Board evicting the Tenant. Remedies 10. The Tenant is seeking $35,000.00 F. the cost to repair or replace her property T. was damaged, destroyed or disposed of as a result of the L.’s actions. 11. The Tenant testified T. when she went through the storage locker T. the L. placed her belongings in, some of her items were missing, or damaged. 12. The items T. the Tenant alleges are missing are: (a) a collection of rings (b) old dollar bill collection A. coin collection (c) Laptop computer (d) Television stand (e) Two antique half moon tables (f) Dresser O. Page 2 of 4  File Number: LTB-T-067016-22 (g) Dining table (h) Framed limited edition timber wolf pictures. 13. The items T. the Tenant alleges are damaged are: 2023 ONLTB 64485 (CanLII) (a) Coffee table (b) Sectional couch (c) End table (d) Oil paintings (e) Surround sound system (f) Bed 14. I decline to award any replacement costs with respect to the antique or collectors items the Tenant alleges are missing. This is because the Tenant failed to submit any documentation, such as appraisals, T. would substantiate her claim in relation to replacement costs. I am unable to assign a dollar value amount related to her dollar bill collection, jewellery, antique timber wolf pictures or antique halfmoon tables in the absence of such documentation. The Tenant’s mere belief of what the items are worth does not meet the evidentiary burden when it comes to rare value items. 15. The Tenant testified T. the dresser was old, A. she paid $40.00 F. it. I find T. the Tenant is entitled to $40.00 F. her dresser, this amount is a reasonable replacement cost. 16. She purchased her T.V. stand F. $579.00 approximately 5 years ago. I accept T. the Tenant will have to purchase a replacement but without more detail about where it was purchased or what type of T.V stand it was, I find T. $100.00 is reasonable. 17. She purchased her Acer laptop 5 or 6 years ago F. $549.00. The Tenant is entitled to $350.00 to replace her laptop. This is based on the average cost of an acer laptop after conducting a search T. revealed prices ranging from $299.00 to $600.00. 18. The Tenant paid $2,500.00 F. her dining table approximately 8 years ago. She testified T. her dining table was purchased from a Mennonite furniture store A. is solid wood. Based on searches F. like items, I find T. the average cost is $1,000.00 A. T. is what the Tenant is entitled to. 19. With respect to the damaged items, the Tenant testified T. her coffee tables A. end tables have deep scratches on them, A. she submitted pictures to substantiate this. She testified T. she purchased them approximately 7 years ago F. $479.00. I find T. the Tenant is entitled to $200.00 based on searches F. similar items. 20. The Tenant testified T. the wires on her surround sound system were ripped off. She paid $75.00 approximately 1 year ago. The picture submitted by the Tenant show T. the system is comprised of a receiver A. speakers. Based on a search of similar items, the Tenant is entitled to the $75.00 she is requesting. O. Page 3 of 4  File Number: LTB-T-067016-22 21. The Tenant testified T. the sideboard of her bed was missing. She testified T. she purchased her bed F. $700.00 5 years ago. She testified T. she has to replace the whole bed as opposed to just purchasing new sideboards. I do not find T. the Tenant is entitled to the replacement cost F. the entire bed. Parts F. a bed can be purchased separately, A. I find T. the Tenant is entitled to the reasonable cost of sideboards in the 2023 ONLTB 64485 (CanLII) amount of $100.00. 22. The Tenant testified T. 4 of her oil paintings were slashed through the canvas. She purchased these F. $150.00 from a second-hand store. I find T. the Tenant is entitled to $150.00 F. the cost to replace the paintings. 23. The total amount the Tenant is entitled to replace or repair her property as a result of the L.’s actions is $1,985.00. It is ordered T.: 1. The total amount the L. shall pay the Tenant is $1,985.00. 2. The L. shall pay the Tenant the full amount owing by October 8, 2023. 3. If the L. does not pay the Tenant the full amount owing by October 8, 2023, the L. will owe interest. This will be simple interest calculated from October 9, 2023 at 6.00% annually on the balance outstanding. September 27, 2023 Date Issued Emily Robb Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page 4 of 4