LTB Order LTB-T-061544-22

Order under Section 135 2023 ONLTB 33283 (CanLII) Residential Tenancies Act, 2006 Citation: A. K. v C. C., 2023 ONLTB 33283 Date: 2023-04-25 File Number: LTB-T-061544-22 In the matter of: 513 Brunswick Avenue Toronto Ontario M5R2Z6 Between: A. K. T. C. K. H. M. K. M. A. C. C. L. A. K., C. K., H. M. A. K. M. (the 'Tenant') A. F. an order because that C. C. (the 'L.') because she has collected or retained money illegally. This application was heard by videoconference on April 17, 2023. The Tenant, A. K., the T.’ Agent, Martha Kendal, the L.’s Representative, John Spratley A. the Landord attended the hearing. Determinations: 1. As explained below, the T. have proven the L. has collected A. retained money unlawfully. 2. The T. paid the L. a last month rent deposit on September 23, 2019 A. the L. has not paid interest on that deposit as required pursuant to section 106 (6) of the Act which requires interest to be paid every 12 months. The T. is entitled to the interest on the deposit of $79.20 as claimed on their application F. the period ending December 31, 2020 which is when the tenancy terminated. Order Page 1 of 2  File Number: LTB-T-061544-22 3. There’s no dispute the T. also paid a garbage deposit of $2,000.00. Section 105(1) states that the “only security deposit that a L. may collect is a rent deposit…”. A damage/garbage deposit also does not fall under payments that are except from 2023 ONLTB 33283 (CanLII) subsection 134(1) A. (3) of the Act. Since the deposit held by the L. cannot be used F. any other purpose such as damages or out of pocket expenses, I find the L. has collected A. retained $2,000.00 unlawfully. 4. The L. also collected $200.00 from the T. F. a key deposit. The retention of a refundable key deposit is unlawful pursuant the Ontario Regulations 516/06 section 17 (3) which includes deposits F. “payment of a refundable key, remote entry device or card deposit, not greater than the expected direct replacement costs”. There’s no dispute the T. returned the keys to the L. when they vacated. At this point when the keys are returned, the L. is no longer entitled to retain the key deposit. 5. The T. are entitled to the cost of the application fee in the amount of $53.00. 6. The total amount the L.’s owes the T. is $2,332.20 ($79.20 +$2,000.00 + $200.00 + $53.00). It is ordered that: 1. The L. shall pay the T. $2,332.20 on or before May 6, 2023. 2. If the L. does not pay the T. the full amount owing on or before May 6, 2023, the L. will start to owe interest. This will be simple interest calculated from May 7, 2023 at 6.00% annually on the balance outstanding. 3. The T. have the right, at any time, to collect the full amount owing or any balance outstanding under this order. April 25, 2023 ____________________________ Date Issued Sandra Macchione Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 2 of 2