Easton v Barnes

Tenant wins · Wasaga Beach · 2021-03-08

Adjudicator

Kathleen Wells

Dispute

Illegal Rent Collection

Amount

<$5K

Landlord

P.B.

Tenant

M.E.

Landlord rep

Betty Barnes

Tenant rep

Christina de Palma

What happened

Tenant filed an application seeking a determination that the Landlord had collected money illegally for the period from September 1, 2019 to March 2020. The Tenant purchased a mobile home from the previous tenant and moved in on September 1, 2019. The Tenant paid $732 per month in rent, but discovered the previous tenant had been paying $413.56 per month. The Tenant raised the issue with the Landlord but it was not resolved.

The ruling

The Landlord illegally collected $288.44 per month in excess rent from September 2019 to March 2020. The Landlord is ordered to pay the Tenant $1,879.08 in overpaid rent and $50 for the filing fee, for a total of $1,929.08. If the Landlord does not pay by March 12, 2021, interest will accrue at 2% annually.