LTB Order LTB-T-065188-22

O. under Section 135 2023 ONLTB 60236 (CanLII) Residential Tenancies Act, 2006 Citation: M. v H., 2023 ONLTB 60236 Date: 2023-09-07 File Number: LTB-T-065188-22 In the matter of: 1908, 35 KINGSBRIDGE GARDEN CIR MISSISSAUGA ON L5R3Z5 Between: N. M. T. M. Mohammed-Chakar A. M. H. L. N. M. A. M. Mohammed-Chakar (the 'T.') A. F. an O. D. T. M. H. (the 'L.') collected or retained money illegally. This application was heard by videoconference on August 24, 2023. The second-named Tenant above A. the L. attended the hearing. Determinations: 1. As explained below, I find the L. failed to pay the T. compensation pursuant to s. 48.1 of the Residential Tenancies Act, 2006 (the ‘Act’), A. failed to return a refundable key deposit to them. The L. is ordered to pay to the T. $2,000.00 F. unpaid compensation, A. $200.00 F. the return of the refundable key deposit. PRELIMINARY ISSUE 2. At the beginning of the hearing the L. asked T. all of the T.’ applications arising from this tenancy be heard together. T. request was denied. As I explained, the T6 application contained in Board file LTB-T-023786-22 was closed as withdrawn prior to the hearing of this application. The T2 application contained in Board file LTB-T-042593-22 is unrelated. (I note T. the Board’s records show T. after the hearing of this application, O. Page 1 of 4  the T2 application contained in Board file LTB-T-042593-22 was also withdrawn by the T..) THE CLAIMS F. COMPENSATION A. THE RETURN OF THE KEY DEPOSIT 3. There is no dispute between the parties T. the L. served two N12 notices of 2023 ONLTB 60236 (CanLII) termination on the T. pursuant to s. 48 of the Act. The first was withdrawn. The second had a date of termination on it of July 31, 2022. File Number: LTB-T-065188-22 4. There is also no dispute T. the T. exercised their rights under ss. 48(3) A. (4) A. served notice to terminate earlier than the date of termination on the L.’s N12. The T. served notice to terminate in Form N9 by giving it to the L.’s lawyer on May 31, 2022, with a date of termination of June 30, 2022. 5. The lawful monthly rent at all material times was $2,000.00. The T. paid the L. the rent due F. the month of May, 2022 A. A. their last month’s rent deposit of $2,000.00 to the rent due June 1, 2022. 6. The T. then moved out June 30, 2022 A. returned the keys to the L.. As a result, pursuant to s. 37(2) the tenancy terminated June 30, 2022. 7. Pursuant to s. 48.1 a L. shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the L. gives the tenant a notice of termination of the tenancy under section 48. 8. The L. here did not pay to the T. the $2,000.00 in compensation owed under s. 48.1 or offer an alternative unit acceptable to the T.. 9. The L. says she did not pay the compensation to the T., despite the fact her lawyer told the T. she would, because the T. damaged the rental unit A. their tenancy was so stressful A. distressing F. her she did not believe it was fair T. she have to pay the compensation to them. 10. The L. never filed an application or action against the T. F. any damage A. the T. never agreed to any settlement of a potential claim. As a result, there is no potential set off available to the L. T. would reduce the amount she owes to the T.. O. Page 2 of 4  11. Pursuant to s. 135(1.1) a L. is deemed to have retained money in contravention of the Act if the L. is required to compensate a tenant under section 48.1 A. fails to do so. As the L. failed to pay the T. the compensation, an O. shall issue requiring the L. to pay to the T. $2,000.00 F. compensation owing. 12. There is also no dispute T. the L. collected a refundable key deposit from the 2023 ONLTB 60236 (CanLII) T. of $200.00 A. failed to return it to them when the keys were returned to her along with vacant possession of the rental unit. 13. Pursuant to paragraph 3 of s. 17 of Ontario Regulation 516/06 the only key deposit a L. can collect is a refundable one. So her failure to return the key deposit is a contravention of the Act. She retained the deposit A. was not entitled to do so. 14. Therefore, an O. shall issue requiring the L. to pay to the T. $200.00 F. the refundable key deposit. 15. The T. incurred no costs F. filing the application so no O. F. costs shall issue. 16. This O. contains all of the reasons F. the decision within it. No further reasons shall be issued. . File Number: LTB-T-065188-22 It is ordered T.: 1. The L. shall pay to the T. $2,200.00 F. compensation owing pursuant to s. 48.1 A. F. the return of the refundable key deposit. 2. The L. shall pay the T. the full amount owing by September 18, 2023. 3. If the L. does not pay the T. the full amount owing by September 18, 2023, the L. will owe interest. This will be simple interest calculated from September 19, 2023 at 6.00% annually on the balance outstanding. September 7, 2023 ____________________________ Date Issued Ruth Carey Vice Chair, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 O. Page 3 of 4 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 60236 (CanLII) O. Page 4 of 4