JW v SM

Tenant wins · 2020-06-26

Adjudicator

Shelly Whittick

Dispute

Illegal Retention Of Rent Deposit

Amount

<$5K

Landlord

S.

Tenant

J.

What happened

Tenant applied for an order determining that the Landlord has collected or retained money illegally. The Tenant was criminally charged and prohibited from being within 100 meters of the rental complex, resulting in the Tenant not occupying the unit after January 19, 2019. The Landlord changed the locks without providing the Tenant replacement keys and placed the unit for rent, effectively repudiating the tenancy.

The ruling

The Landlord unlawfully retained the last month's rent deposit of $650. The Landlord is ordered to pay the Tenant $650, plus simple interest at 3% annually if the amount is not paid by July 7, 2020.