Olaitan v Preston Apartments

Tenant wins · Toronto · 2022-01-26

Adjudicator

Daniel Berube

Dispute

Illegal Rent Deposit

Amount

<$5K

Landlord

Preston Apartments

Tenant

M.O., A.O.

Landlord rep

Chalina Nasser, Lijana Hysi, Jeff Shabes

Tenant rep

Dan McIntyre

What happened

Tenants applied for an order determining that the Landlord has collected or retained money illegally. The Tenants paid the first and last month's rent deposit, but then decided to cancel the rental application due to the Tenant's medical condition. The Landlord was aware of the cancellation but did not return the deposit.

The ruling

The Tenants' application was granted. The Landlord was ordered to pay the Tenants $4,300 for the first and last month's rent deposit, plus $53 for the cost of filing the application. If the Landlord does not pay the full amount by February 6, 2022, they will owe interest at 2% annually on the outstanding balance.