Ogunjobi v Clarke

Landlord wins · Toronto · 2023-05-08

Adjudicator

John Cashmore

Dispute

Tenant rights

Landlord

R.C.

Tenant

O.O.

Landlord rep

Jessica Travers

Tenant rep

Samuel Mason

What happened

Tenant filed a T2 application alleging the Landlord changed locks without providing replacement keys, entered the rental unit illegally, substantially interfered with reasonable enjoyment, and harassed, coerced, obstructed, threatened or interfered with the Tenant. The main issue was whether a tenancy agreement existed between the parties.

The ruling

The application is dismissed as the Tenant failed to prove the existence of a tenancy agreement with the Landlord. The Residential Tenancies Act does not apply to the Tenant's residency in the rental unit.