Haridas Nair v Ramana

Tenant wins · Waterloo · 2025-08-29

Adjudicator

Carrie Bertrand

Dispute

Illegal Act, Tenant Rights

Amount

<$5K

Landlord

S.R., K.P.

Tenant

S.H.N., N.A.U.

What happened

Tenants applied for an order determining that the Landlords collected or retained money illegally. The Tenants paid $2,500 for rent and key deposits for a tenancy that was supposed to begin in February 2025. However, the Landlords failed to provide vacant possession and refused to return the funds, claiming the tenancy was exempt from the Act because the Landlord supposedly intended to reside in the unit.

The ruling

The Landlords are ordered to pay the Tenants $2,548.00 by September 9, 2025. This includes the return of a $2,200.00 rent deposit, a $300.00 illegal key deposit, and the $48.00 filing fee. The Board found the Landlords' claim of exemption under the Act was invalid and their refusal to provide possession while keeping the deposit was illegal.