Lemaire v Shoshan

Tenant wins · Toronto · 2021-11-08

Adjudicator

Lynn Mitchell

Dispute

Illegal Charges

Amount

<$5K

Landlord

A.S.

Tenant

T.L., A.B.

What happened

Tenants applied for an order determining that the Landlord has collected or retained money illegally. The Tenants took possession of the unit on November 1, 2020, paid the first month's rent and a deposit for the last month's rent, but vacated the unit by November 30, 2020 as agreed with the Landlord. The Landlord has refused to return the last month's rent deposit.

The ruling

The Landlord is ordered to pay the Tenants $2,300 for the last month's rent deposit, and $53 for the cost of filing the application, for a total of $2,353. If the Landlord does not pay the full amount by November 19, 2021, the Landlord will owe interest at 2% annually on the outstanding balance.