Bertrand v Tha

Tenant wins · Etobicoke · 2022-01-05

Adjudicator

Robert Patchett

Dispute

Illegal Charges

Amount

<$5K

Landlord

J.T.

Tenant

T.B., D.B.

What happened

Tenants filed a T1 application alleging that the Landlord did not return the last month's rent deposit and utilities deposit at the end of the tenancy. The Landlord failed to pay the Tenants interest on the last month's deposit as required by the Residential Tenancies Act, 2006. The Landlord also collected a utilities deposit, which is an illegal charge under the Act.

The ruling

The Landlord is ordered to pay the Tenants $3,430.52, which includes the last month's rent deposit of $3,000, the utilities deposit of $400, and $30.52 in interest on the last month's rent deposit. If the Landlord does not pay the full amount by January 16, 2023, the Landlord will owe additional interest at 2% annually on the outstanding balance.