Gojacic v Manjunath

Landlord wins · Hamilton · 2021-09-29

Adjudicator

Heather Chapple

Dispute

Illegal Rent Charge, Rent Deposit

Landlord

S.M.

Tenant

S.G.

Landlord rep

Jordan Nieuwhof

What happened

Tenant applied for an order determining that the Landlord collected or retained money illegally, including an illegal rent charge and failure to pay interest on the last month's rent deposit.

The ruling

The Tenant's application is dismissed. The Landlord took reasonable steps to address the Tenant's concerns and mitigate his losses when the Tenant refused to move in. The Landlord was entitled to retain one month's rent as losses due to the Tenant's breach of the tenancy agreement.