Wang v Wang

Tenant wins · Toronto · 2024-05-02

Adjudicator

Benjamin Seigel

Dispute

Illegal Charges

Amount

$10-20K

Landlord

M.W.

Tenant

C.W.

Tenant rep

Min Yang

What happened

Tenant applied for an order determining that Landlord collected or retained money illegally, including a key deposit, last month's rent, and pre-paid rent for months 9-11 of the lease. The Landlord claimed he was entitled to retain these funds due to the Tenant's early termination of the fixed-term lease.

The ruling

The Landlord must pay the Tenant $10,157, which includes $9,800 for excess rent collected, $300 for an illegal key deposit charge, and $4 for interest on the last month's rent deposit. The Tenant proved the allegations on a balance of probabilities. The tenancy terminated on April 30, 2023 by implied agreement when the Landlord re-rented the unit. The Landlord is not entitled to set-off re-rental costs.