LTB Order LTB-T-062890-22

2023 ONLTB 67410 (CanLII) Order under Subsection 135 Residential Tenancies Act, 2006 Citation: I. v H., 2023 ONLTB 67410 Date: 2023-10-13 File Number: LTB-T-062890-22 In the matter of: 2 Colborn Street Guelph Ontario N1S2M3 Tenant Between: C. I. C. K. I. J. M. I. P. A. I. A. L. MD J. H. C. I., C. K. I., J. M. I. A. P. A. I. (the 'Tenant') applied for an order determining that MD J. H. (the 'L.') collected or retained money illegally. This application was heard by videoconference on May 29, 2023. The L. A. the Tenant, C. I. attended the hearing. Determinations: 1. As explained below, the Tenant proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the tenant $4,253.00. 2. The Tenant met with the L. on May 23, 2020 to sign a lease for the unit. She paid $2,100.00 in consideration for a last month’s rent deposit on that same date. On May 25, 2020, she paid an additional $2,100.00 for first month’s rent. The Tenancy was to commence on July 1, 2020. 3. The Tenant rented the unit for her children to live in. They were out of the country A. were supposed to be in Canada by the start date of the lease.  File Number: LTB-T-062890-22 4. Due to the Covid-19 pandemic, the children’s flight was cancelled A. rebooked for July 3, 2020, however, she was advised by her travel agent that if this flight was cancelled, rebooking might not happen until September or October 2020. She panicked A. called the L. to explain the situation. She did not want to be in a situation where she was paying rent on a unit that was not being used. She asked the L. if she could get out of the lease. The L. told her that there 2023 ONLTB 67410 (CanLII) is no way she can get out of the contract. Order Page 1 of 4 The July 3, 2020 flights ended up being cancelled so she rebooked another flight with a different airline at an additional expense so that her children would arrive in Canada on June 29, 2020. 5. The Tenant messaged the L. to inquire if the unit could be ready for before July 1, 2020 A. the L. advised her that it wouldn’t be. She asked if she could see the unit one more time before July 1, 2020. She went to the unit on June 27, 2020 A. the unit was in disarray. She told the L. about the state of the unit, A. he became angry A. told her that he would not give her a key to the unit A. to take him to court. 6. On June 29, 2020, the L. advised the Tenant that he would only give her a key to the unit if she provided Canadian issued I. Ds for the rest of the Tenants as well as employment documents A. car information. She inquired as to why he did not require these things when the lease was signed A. after the deposits were given, A. he replied that he would not give the keys without those documents. Th Tenant submitted the text messages as evidence. 7. The Tenant never went to pick up keys from the L. because the L. advised her that if she did not provide the documents he requested, she would not give her the keys. 8. The L. testified that he is a Real Estate agent A. because of that he knows all the rules A. regulations concerning tenancies. He testified that he met with the Tenant A. signed a lease on May 23, 2020. He received a last month’s rent deposit A. first month’s rent in the amount of $4,200.00. 9. The L. testified that when he entered the lease, he told the Tenant that she had to provide him with an employment letter A. the Tenant requested 15 days to provide it due to Covid-19. He testified that he kept calling her requesting the document A. she didn’t have it. 10. The L. submitted a text message into evidence sent to the Tenant on June 29, 2020 that said: The apartment will be ready tomorrow night. You can pick the key 1 July. List of documents need during the pick up keys 1. Every Tenant government issued ID for insurance purposes. 2. Car information such number plate for parking purpose 3. Your employment letter. See you July first before 10 am. 11. He testified that had the Tenant come to the unit to pick up the keys without the documents he said he required; he would have given her the keys to the unit. .  File Number: LTB-T-062890-22 12. The L. testified that he called the Tenant on July 1, 2020 A. advised her that the unit was ready A. to come A. pick up the keys. He testified that the Tenant said she doesn’t want the unit A. asked for her money back. 13. The L. testified that he did not re rent the unit until July 1, 2021 as the Tenant never gave 2023 ONLTB 67410 (CanLII) notice to vacate so he was under the understanding that the agreement signed with the Tenant was still in affect. Analysis 14. This application s brought pursuant to subsection 107 (1) of the Residential Tenancies Act, 2006 which states: A L. shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant 15. Based on the evidence before me, I find on a balance of probabilities, that the L. did not give vacant possession of the unit to the Tenant, therefore the Tenant is entitled to her deposits back. 16. The lease was signed on May 23, 2020. If the L. required documents form the Tenant to enter into a lease, then he shouldn’t have signed the lease A. collected the deposit without receiving them, but he did. 17. The relationship between the parties seemed to deteriorate when the Tenant attempted to get out of the lease on June 1, 2020. The L. advised the Tenant at that point that he was holding her to the lease, so the Tenant made arrangements for her children to arrive in Canada by June 28, 2020. 18. Upon inspecting the unit on June 27, 2020, the Tenant contacted the L. to express her displeasure at the state of the unit. At that point, the L. texted the Tenant A. told her that keys would be handed over if she provided a list of documents. I find that this amounted to the L. not giving vacant possession of the unit to the Tenant. It is more likely than not that the L.’s relationship with the Tenant broke down to the point where he did not want her to move in A. essentially put conditions in place that he knew the Tenant objected to in order to get the keys to the unit. This is clear from the text messages both parties submitted into evidence. On June 29, 2023, the text message exchange between the parties is as follows: Tenant: I don’t trust you to give you my documents A. i already signed the Lease. You have two months rent L.: Does not matter. Need documents before handover the key. Tenant: you even saw our bank account information A. bank statement L.: I don’t have any documents of you. Tenant: A. I have the right to refuse you for any personal document to give as this was not discussed A. you didn’t require when I signed the lease. .  File Number: LTB-T-062890-22 L.: Anyway decision is yours. Without ID no one can stay. Bye. 19. It is reasonable for the Tenant to interpret the L.’s text message to mean that unless she provided what he was asking for, he would not provide her with the keys to the unit. I do not accept the L.’s testimony that had she arrived at the unit to get the keys, he would have given them 2023 ONLTB 67410 (CanLII) to her absent the documents, as that is not what his text message to her says. 20. The L. collected a rent deposit anddid not provide the Tenant with vacant possession of the rental unit. Therefore, the L. is required to repay the rent deposit. It is ordered that: 1. The total amount the shall pay the Tenant is $4,253.00. This amount represents: o $53.00 for the cost of filing the application. o $4,200.00 representing the deposit paid by the Tenant. 2. The L. shall pay the Tenant the full amount owing by October 24, 2023. 3. If the L. does not pay the Tenant the full amount owing by October 24, 2023, the L. will owe interest. This will be simple interest calculated from October 25, 2023 at 7.00% annually on the balance outstanding. October 13, 2023 ____________________________ Date Issued Emily Robb 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. .