Walsh v Kirkland

Tenant wins · Owen Sound · 2025-08-28

Adjudicator

Karen Gonçalves

Dispute

Money Collected/Retained Illegally

Amount

<$5K

Landlord

G.K., T.W.

Tenant

C.E.W.

What happened

The Tenant applied for the return of a rent deposit and prepaid first month's rent after the Landlords failed to provide vacant possession of the rental unit on the agreed-upon commencement date. The Landlords had informed the Tenant two days before the move-in date that the unit would not be ready due to ongoing maintenance work by tradespeople. The Tenant cancelled the lease and secured another residence, but the Landlords refused to refund the money.

The ruling

The Landlords are ordered to pay the Tenant $3,773.80 by September 8, 2025. This amount includes the return of the $1,925.00 last month's rent deposit, the $1,800.80 prepaid first month's rent, and the $48.00 filing fee. The Board found the Landlords illegally retained these funds after failing to provide the Tenant with possession of the unit on the agreed-upon date.