Gong v Wang

Tenant wins · Hamilton · 2025-10-03

Adjudicator

Karen Gonçalves

Dispute

Illegal Charges, Tenant Rights

Amount

<$5K

Landlord

W.W.W.

Tenant

M.G.

What happened

The Tenant applied for an order for the return of a last month's rent deposit that the Landlord allegedly retained illegally. The Tenant gave notice to terminate the tenancy on March 31, 2025, which was 58 days' notice instead of the required 60. The Landlord agreed to the termination on the condition that he could keep half of the $1,900.00 deposit ($950.00). Additionally, the Landlord deducted a $205.00 cleaning fee, returning only $745.00 to the Tenant.

The ruling

The Landlord is ordered to pay the Tenant $1,203.00 by October 14, 2025. This includes $1,155.00 for the illegally retained portion of the last month's rent deposit and the $48.00 application filing fee. The Board ruled that the Landlord could not withhold the deposit for cleaning fees or as a penalty for short notice, despite any prior agreement with the Tenant.