Bao v Sijapati

Tenant wins · Burlington · 2021-03-01

Adjudicator

Nancy Morris

Dispute

Unlawful Charges

Amount

<$5K

Landlord

S.S.

Tenant

C.B.

Tenant rep

Tenant Duty Counsel

What happened

Tenant applied for an order determining that Landlord has collected or retained money illegally. The Tenant's previous T1 application was dismissed as abandoned after the Tenant failed to attend the case management hearing. The Tenant filed a request for review, alleging that she did not receive the Notice of Hearing. The Landlord charged the Tenant a $400 key deposit, which is unlawful under the Residential Tenancies Act.

The ruling

The Landlord is ordered to pay the Tenant $400, which represents the unlawfully collected key deposit. If the Landlord does not pay the full amount by March 15, 2021, the Landlord will owe interest at 2% annually on the outstanding balance.