Jano Coelho v DSK Galaxy Home Ltd

Landlord wins · Toronto · 2025-07-07

Adjudicator

Inderdeep Padda

Dispute

Altered Locks, Illegal Entry, Substantial Interference

Landlord

DSK Galaxy Home Ltd

Tenant

D.J.C.

Landlord rep

Jie Situ, Sandy Zhou

What happened

The applicant, spouse of the deceased tenant, filed an application alleging the Landlord illegally entered the unit, changed the locks, and substantially interfered with her enjoyment. The central issue was whether the applicant qualified as a 'tenant' under the RTA after the death of her spouse. The Landlord contended she had vacated the unit months prior to the tenant's death and it was not her principal residence, thus she did not inherit the tenancy.

The ruling

The application is dismissed. The Board found that the applicant, the spouse of the deceased tenant, did not qualify as a tenant because the rental unit was not her principal residence at the time of her husband's death. This was supported by her own text message stating she had moved out and a subsequent inspection of the unit. As she was not a tenant, her claims of illegal entry and lock change were unfounded.