Basaca v Powell

Tenant wins · Whitby · 2021-03-01

Adjudicator

Kathleen Wells

Dispute

Illegal Rent Deposit

Amount

<$5K

Landlord

D.P., H.P.

Tenant

G.B., C.B.

What happened

Tenants applied for an order determining that Landlords have collected or retained money illegally. The Landlords collected a rent deposit from the Tenants but did not allow the Tenants to move into the rental unit and failed to return the rent deposit, which is prohibited by the Residential Tenancies Act.

The ruling

The Landlords shall pay the Tenants the sum of $2,400.00, which represents the rent deposit collected, and $50.00 for the cost of filing the application. If the Landlords do not pay the full amount by March 2, 2021, they will owe interest at 2.00% annually on the outstanding balance.