Belta v Reid

Tenant wins · Scarborough · 2025-05-09

Adjudicator

Dale Whitmore

Dispute

Breach of Conditions, Illegal Rent Deposit

Amount

<$5K

Landlord

L.R.

Tenant

A.Z.B.

What happened

The Tenant paid $3,000 for first and last month's rent for what he believed was a one-bedroom apartment, but the Landlord claimed the agreement was for a smaller furnished room. When the Tenant initially refused the room, the Landlord refused to return the money. A few days later, the Tenant agreed to take the room, but the Landlord then refused to grant possession. The Tenant filed an application to recover the $3,000 he had paid.

The ruling

The Landlord is ordered to pay the Tenant $3,000.00, representing the illegally retained first and last months' rent. The adjudicator found that the Landlord breached the tenancy agreement by refusing to provide the Tenant with vacant possession of the rental unit. Despite a dispute over which unit was rented, a tenancy was in effect, and the Tenant had a right to occupy the unit. Having refused possession, the Landlord cannot also retain the rent.