D.B. v H.E.K.N.P.H.

Split/Other wins · 2016-07-12

Dispute

Harassment, Interference With Reasonable Enjoyment

Landlord

H.

Tenant

D.

Landlord rep

DS

Tenant rep

Duty Counsel

What happened

Tenant applied for an order determining that Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant, altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys and substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of the Tenant's household; sold, retained or otherwise disposed of the Tenant's property before 72 hours had elapsed after the Tenant was evicted and/or the Landlord did not make the Tenant's property available to be retrieved at a location close to the rental unit within 72 hours after the Tenant was evicted.

The ruling

The Landlord shall pay the Tenant $109.00 as one month's rent abatement due to the Landlord's substantial interference with the Tenant's reasonable enjoyment of the unit. The Landlord did not provide sufficient evidence to show it disposed of the Tenant's items, and the Landlord was acting within its rights under the Residential Tenancies Act when it changed the locks after the Eviction Order was issued. However, the Landlord should have provided the Tenant with replacement keys and allowed her access to the unit after the stay was issued on February 29, 2016, until the resolution of her Review Request.