Evictly

Ward v Port rentals

Landlord wins · Port Stanley · 2025-07-28

Adjudicator
Joy Xiao
Dispute
Illegal Charge
Landlord
Port Rentals
Tenant
E.W.
Landlord rep
Jonathan Day

What happened

The Tenant applied for an order for the return of $850.00, representing half of the last month's rent (LMR) deposit. The Tenant was part of a joint tenancy that began in November 2023. After a relationship ended, the Tenant vacated in January 2024 with the Landlord's consent, while the co-tenant remained in the unit until December 2024. The Tenant argued he was entitled to his share of the deposit because he paid rent for his final month in January 2024. The Landlord contended that the LMR was applied to the final month of the entire tenancy (December 2024).

The ruling

The Tenant's application for the return of a portion of the last month's rent deposit is dismissed. As the tenancy was joint, the Landlord correctly applied the full deposit to the final month of the tenancy in December 2024, regardless of when one of the individual tenants vacated.