Curtis v Srivastava

Tenant wins · Etobicoke · 2024-02-29

Adjudicator

Margo den Haan

Dispute

Illegal Charges

Amount

<$5K

Landlord

R.S.

Tenant

C.C., T.R.

Landlord rep

Rajiv Srivastava

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally. The key deposit was returned to the Tenants in April 2022, but the Landlord did not apply the last month's rent deposit to the final month of the tenancy as required by the Act.

The ruling

The Landlord did not use the Tenants' rent deposit to pay for the last rental period of the tenancy and did not return the deposit to the Tenants as required by the Act. The Tenants vacated the rental unit at the request of the Landlord and returned the keys on April 10, 2022, providing vacant possession to the Landlord. The Tenants are entitled to a refund of the remainder of the deposit from April 10, 2022, being $1,775.40, which the Landlord has continued to unlawfully retain.