Evictly

Morrison v DH Westview Properties Ltd

Tenant wins · Burlington · 2024-03-19

Adjudicator
Mark Melchers
Dispute
Changing Locks, Harassment, Illegal Entry, Substantial Interference
Amount
$5-10K
Landlord
DH Westview Properties Ltd.
Tenant
M.M.
Landlord rep
Kelly Hawkes
Tenant rep
Desislava Yordanova

What happened

Tenant applied for an order determining that the Landlord: entered the rental unit illegally; altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys; substantially interfered with the Tenant's reasonable enjoyment of the rental unit or residential complex for all usual purposes; harassed, obstructed, coerced, threatened or interfered with the Tenant; and did not give the Tenant 72 hours to remove the Tenant's property from the rental unit or from some place close to the rental unit.

The ruling

The Tenant proved the allegations in the application on a balance of probabilities. The Landlord changed the locks for the rental unit without lawful authority, which substantially interfered with the Tenant's reasonable enjoyment of the rental unit and amounted to harassment. The Landlord must pay the Tenant $5,486.14, which includes increased rent, moving expenses, out-of-pocket expenses, and general damages.