Nemeth v Northern Properties

Tenant wins · Sault Ste Marie · 2021-02-04

Adjudicator

Lorraine Mathers

Dispute

Illegal Charges

Amount

<$5K

Landlord

Northern Properties

Tenant

N.N., E.M.

Landlord rep

Fern Pereira, Gary Bock

What happened

Tenants applied for an order determining that the Landlord has collected or retained money illegally. The Landlord requested a review of the original order, arguing the matter should have been commenced in Small Claims Court. The Board found that the Landlord and one Tenant had unilaterally changed the terms of the joint and several lease agreement without the consent of the other Tenant, and that the Landlord's retention of the last month's rent deposit was prohibited under the Residential Tenancies Act.

The ruling

The Board found that the Landlord's unilateral actions in cancelling the agreement with one Tenant and retaining the balance of the last month's rent deposit were prohibited under the Residential Tenancies Act. The Landlord was ordered to pay the Tenants the balance of the last month's rent deposit, plus the cost of filing the application.