Kaur v Smith

Tenant wins · South Porcupine · 2025-10-27

Adjudicator

Rachel Gibbons

Dispute

Illegal Act, Tenant Rights

Amount

<$5K

Landlord

P.S.

Tenant

M.K.

What happened

The Tenant applied for an order determining that the Landlord collected or retained money illegally. This included a $500 security deposit and a $50 key deposit paid at the start of the tenancy in October 2022. Additionally, the Tenant sought interest on the last month's rent deposit (LMR). The Tenant vacated the unit in March 2025, but the Landlord refused to return the deposits, claiming the unit was not left in good condition. The Landlord did not attend the hearing.

The ruling

The Landlord is ordered to pay the Tenant $663.00 by November 7, 2025. This amount includes the return of a $500 illegal security deposit, a $50 key deposit, $65.00 in interest on the last month's rent deposit, and the $48.00 application filing fee. The Landlord's attempt to withhold deposits for alleged unit damages was found to be an unlawful self-help remedy.