My landlord changed the locks and I moved out, can I get my unit back?
The situation
I live in Toronto, Ontario, and rented a basement apartment for two years, paying $1,450 a month by cheque. Since March 2024, my landlord has constantly dropped by unannounced, shouted at me through the door, and twice shut off my hot water for days at a time. On 12 May 2024, I came home to find the locks changed and no replacement keys, even though I had always paid on time. He told me the unit was no longer available and that I should find somewhere else. I stayed with my sister for three weeks, then moved into a new place on 3 June 2024 at $1,700 a month. I paid $600 to a removal firm for their labour, $180 a month for storage, and lost a $200 deposit on my old place. I filed a complaint with the city's municipal office and emailed the landlord twice asking for my keys, but he ignored me. I have since heard he rented my old unit to someone else. I am not sure whether I can still force him to let me move back in, whether I can claim the extra $250 a month in rent, my moving and storage costs, or an order stopping his behaviour, and whether there is a time limit I have missed. I also want to know what happens if the unit is now occupied.
Quick Summary
It depends on one fact: you can likely claim the extra $250/month rent (for up to one year after you left), your moving and storage costs, and an order stopping the landlord's behaviour, but you can only get the unit back if the Board is satisfied it is still vacant. If someone else is living there now, the law provided offers money, not the unit. No application deadline is stated in these sections, so apply to the Board promptly.
Detailed Analysis
Statutory Citations
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 24 — Changing locks
"A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 39 — Restriction on recovery of possession
"A landlord shall not recover possession of a rental unit subject to a tenancy unless, (a) the tenant has vacated or abandoned the unit; or (b) an order of the Board evicting the tenant has authorized the possession."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 31 — Other orders re s. 29
"order that the landlord pay a specified sum to the tenant for, (a) all or any portion of any increased rent which the tenant has incurred or will incur for a one-year period after the tenant has left the rental unit; and (b) reasonable out-of-pocket moving, storage and other like expenses which the tenant has incurred or will incur."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 31 — Other orders re s. 29
"if the Board is satisfied that the rental unit is vacant, the Board may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 31 — Other orders re s. 29
"An order under subsection (3) expires, (a) at the end of the 15th day after the day it is issued if it is not filed within those 15 days with the sheriff who has territorial jurisdiction where the rental unit is located; or (b) at the end of the 45th day after the day it is issued if it is filed in the manner described in clause (a)."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 100 — Unauthorized occupancy
"If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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