Bui v Orak

Landlord wins · Barrie · 2025-04-10

Adjudicator

Jane Dean

Dispute

Illegal Charges, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.H.B.

Tenant

R.O., B.O.

Landlord rep

Michael Nguyen, Yun Tao (Tom) Li

What happened

The Landlord applied for an order for non-payment of rent. The Tenants had already vacated the unit before the hearing. At the hearing, 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 written notice. The Landlord agreed to refund the key deposit. The Board ordered the Tenants to pay the outstanding rent arrears and the application fee, minus the rent deposit, interest, and the refunded key deposit.

The ruling

The tenancy is terminated effective January 31, 2025, the date the Tenants vacated. The Tenants must pay the Landlord $2,423.42. This amount covers rent arrears up to the move-out date and the application fee, less the rent deposit, interest on the deposit, and a refunded illegal key deposit. The Tenants' claims regarding substantial interference were dismissed procedurally as they failed to provide advance notice to the Landlord.