Cheng v Kroll

Tenant wins · Toronto · 2025-04-15

Adjudicator

Nicole Pedron

Dispute

Illegal Rent/Charges

Amount

<$5K

Landlord

J.K.

Tenant

A.C.

What happened

The Tenant applied for the return of a portion of his last month's rent (LMR) deposit that the Landlord illegally withheld. The Landlord deducted $671.22 from the LMR deposit to cover costs from noise complaints made by the condominium corporation against the Tenant. The tenancy had already terminated by mutual agreement.

The ruling

The Landlord illegally withheld $671.22 from the Tenant's last month's rent deposit to cover costs related to noise complaints. The Board found this use of the deposit to be improper under the RTA, as a rent deposit can only be applied to the last month's rent. The Landlord is ordered to pay the Tenant the withheld amount of $671.22 plus the $48.00 application fee, for a total of $719.22.