Bui v Direkci

Landlord wins · Barrie · 2025-04-10

Adjudicator

Jane Dean

Dispute

Illegal Fees, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.H.B.

Tenant

A.D., F.D.

Landlord rep

Michael Nguyen, Yun Tao (Tom) Li

What happened

The Landlord applied to evict the Tenants for non-payment of rent. By the hearing date, the Tenants had already vacated the rental unit. The Tenants attempted to raise issues under section 82 of the RTA, alleging substantial interference and an illegal key deposit. However, the Board refused to hear these claims because the Tenants failed to provide the Landlord with advance notice as required by procedure. The Landlord agreed at the hearing to refund the key deposit.

The ruling

The tenancy was terminated as of January 31, 2025, the date the Tenants vacated. The Tenants are ordered to pay the Landlord $2,423.42 for rent arrears and the application fee, reduced by the rent deposit, interest, and a refunded key deposit. The Board dismissed the Tenants' claims of substantial interference and an illegal key deposit because they failed to provide proper advance notice to the Landlord, which was deemed prejudicial.