Sivarajah v Mylvaganam

Tenant wins · Toronto · 2021-11-03

Adjudicator

Lynn Mitchell

Dispute

Illegal Charges

Amount

<$5K

Landlord

P.M.

Tenant

N.S.

What happened

Tenant applied for an order determining that the Landlord has collected or retained money illegally. The Tenant paid rent in November 2020 for the period December 11, 2020 to January 10, 2021, but the Tenant had informed the Landlord that he would be vacating the unit in December 2020. The Landlord refused to refund the November rent payment.

The ruling

The Landlord must refund the Tenant $811.23, which represents the $900 last month's rent deposit less rent for 3 days of overholding. The Landlord must also pay the Tenant $53 for the cost of filing the application, for a total of $864.23 owed to the Tenant.