Dempsey v Da silva

Tenant wins · Brampton · 2024-10-11

Adjudicator

Benjamin Seigel

Dispute

Illegal Entry

Amount

<$5K

Landlord

A.D.S.

Tenant

T.J.D.

Landlord rep

Lindsay Faria

Tenant rep

Karen Barak

What happened

Tenant applied for an order determining that the Landlord entered the rental unit illegally. The Landlord's Agents entered the unit to conduct maintenance work without providing the required 24-hour written notice or obtaining the Tenant's consent at the time of entry, as required by the Residential Tenancies Act. The Tenant also alleged that valuable items were missing from the unit after the entry.

The ruling

The Landlord's Agents entered the rental unit illegally without proper notice or consent, which led to the theft of the Tenant's property. The Landlord must pay the Tenant $2,138.45 for rent abatement, replacement of stolen property, and the application filing fee. The Landlord is also ordered to cease entering rental units without proper notice or consent.