LTB Order LTB-T-071933-22

O. under Subsection 135 2023 ONLTB 77633 (CanLII) Residential Tenancies Act, 2006 Citation: A. R. v H., 2023 ONLTB 77633 Date: 2023-11-28 File Number: LTB-T-071933-22 In the matter of: 1929 Pine Grove Avenue Pickering Ontario L1V6R4 Tenants Between: G. A. R. N. M. A. L. P. H. G. A. R. A. N. M. (the 'Tenants') A. F. an O. D. T. P. H. (the 'L.') collected or retained money illegally. This application was heard by videoconference on November 20, 2023. The L. A. the Tenants attended the hearing. Determinations: 1. As explained below, the Tenants proved the allegations contained in the application on a balance of probabilities. Therefore, the L. must pay the Tenant the amount collected F. deposit as detailed below. 2. The Tenants’ T1 application is about money collected A. retained F. keys to the house, mailbox A. garage door opener. 3. It was not disputed T. the tenancy began November 28, 2017 A. the Tenants moved out November 17, 2020. 4. There is no dispute T. around October 27, 2017, the L. collected $300.00 as deposit F. the keys A. garage door opener. 5. I note, the OREA agreement specifies, at Schedule A, T. this deposit is refundable A. will be returned to the Tenants upon return of possessions in good working O.. 6. The Tenants said T. during the move-out inspection with the L.’s husband on November 18, 2020, the keys A. opener were turned over A. the L.’s husband confirmed everything was acceptable A. T. he would be in touch to return the deposit. O. Page 1 of 3 2023 ONLTB 77633 (CanLII) File Number: LTB-T-071933-22 7. The Tenants said they followed up with the L. a short time later A. they were advised T. due to damage to the refrigerator, the deposit would not be returned. 8. The Tenants read into the record a text message from the L. to the Tenants around December 1, 2020 where the Tenants were advised T. the deposit would be returned once the Tenants paid the water bill. 9. The L. opposes the Tenants’ application A. says there was no move out inspection A. only the mailbox key was left in the garage, no house keys A. the garage door opener was damaged. The L. did not provide any submissions on the cost to repair the remote nor costs associated with replacement keys. The L. said her husband did not meet with the Tenants. I note, he was not available to provide testimony on the date of the hearing. 10. The L. said T. there was significant damage in the rental unit following the terminate of the tenancy. 11. As discussed at the hearing, a deposit is not intended to be used to cover costs as claimed by the L.. Law A. Analysis 12. Subsection 134(1) of the Act says: 134. (1) Unless otherwise prescribed, no L. shall, directly or indirectly, with respect to any rental unit, (a) collect or require or attempt to collect or require from a tenant or prospective tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable; 13. This reads as an absolute prohibition against a L. charging any kind of fee other than rent to a tenant. However, the section uses the phrase “unless otherwise prescribed” which means fees can be charged if they are set out in regulation.  14. The exemptions to s. 134(1) are set out in section 17 of Ontario Regulation 516/06. It says in part: 17. The following payments are exempt from section 134 of the Act: 1. Payment F. additional keys, remote entry devices or cards requested by the 2023 ONLTB 77633 (CanLII) tenant, not greater than the direct costs. 2. Payment F. replacement keys, remote entry devices or cards, not greater than the direct replacement costs, unless the replacement keys, remote entry devices or cards are required because the L., on the L.’s initiative, changed the locks. 3. Payment of a refundable key, remote entry device or card deposit, not greater than the expected direct replacement costs. . File Number: LTB-T-071933-22 [Emphasis added.] 15. Based on the evidence before the Board A. on a balance of probabilities I find the Tenants returned the keys A. garage door opener to the L.’s husband during the move out inspection. I find it more likely than not, T. the L. chose to retain the deposit based on the allegations of damage in the rental unit. I am satisfied T. the L. collected A. retained the key A. garage door deposit in the amount of $300.00 illegally. 16. Pursuant to s.134 of the Act A. s.17 of the O.Reg. 516/06, the L. must return the $300.00 key deposit she continues to retain. Even if the deposit was initially collected legally pursuant to s.17 of the regulations, the deposit must be refundable A. it should have been returned to the Tenants when they moved out on November 17, 2020. 17. The Tenants incurred costs of $53.00 F. filing the application A. is entitled to an O. requiring the L. to reimburse them T. cost. An O. will issue accordingly. It is ordered T.: 1. The L. shall pay to the Tenants the sum of $353.00. This amount represents: o $300.00 F. the illegal charge collected. o $53.00 F. the cost of filing the application. 2. The L. shall pay the Tenants the full amount owing by December 9, 2023.  3. If the L. does not pay the Tenants the full amount owing by December 9, 2023, the L. will owe interest. This will be simple interest calculated from December 10, 2023 at 7.00% annually on the balance outstanding. 4. The Tenants have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. 2023 ONLTB 77633 (CanLII) November 28, 2023 ____________________________ Date Issued Dana Wren Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. .