Bangura v Faris

Tenant wins · Waterloo · 2024-09-04

Adjudicator

Dawn Carr

Dispute

Illegal Charges

Amount

<$5K

Landlord

F.F.

Tenant

A.B.

Tenant rep

Amanda Therrien

What happened

Tenant applied for an order determining that the Landlord collected or retained money illegally. The Landlord did not use the Tenant's rent deposit to pay for the last rental period and did not return the deposit to the Tenant, which is prohibited by the Residential Tenancies Act, 2006. The Landlord's communications about upcoming renovations were found to be equivalent to an N13 notice of termination, resulting in the tenancy ending on December 15, 2022.

The ruling

The Landlord must pay the Tenant $1,421.44, which includes the $900 rent deposit, $473.44 for illegally retained rent, and $48 for the cost of filing the application. The tenancy is terminated as of December 15, 2022.