Kostov v Bousselmi

Tenant wins · East York · 2025-04-17

Adjudicator

Candace Aboussafy

Dispute

Harassment, Illegal Lockout, Personal Use, Substantial Interference

Notice

Personal use (N12)

Landlord

S.B.

Tenant

H.K.

Landlord rep

Alireza Hesami

Tenant rep

Michelle Choe

What happened

The Landlord applied to evict the Tenant for personal use. The Tenant filed a counter-application alleging an illegal lockout, interference, and harassment. The Landlord had changed the unit's entry code in January 2025, denying the Tenant access. The Landlord's argument that the tenancy contract was frustrated by repair issues was dismissed by the adjudicator. This interim order addresses the Tenant's immediate concern, finding an illegal lockout occurred and ordering the Landlord to restore possession to the Tenant pending a full hearing.

The ruling

This is an interim order. The Landlord is ordered to immediately grant the Tenant possession of the rental unit and provide all necessary keys and/or access codes. The Landlord is forbidden from re-renting the unit. The Tenant has the authority to use the Court Enforcement Office (Sheriff) to enforce this order. The full hearing for both parties' applications is adjourned to May 2, 2025.