LTB Order LTB-T-076822-22

2023 ONLTB 39814 (CanLII) Order under Section 135 Residential Tenancies Act, 2006 Citation: T. v M., 2023 ONLTB 39814 Date: 2023-05-29 F. Number: LTB-T-076822-22 (formerly TST-19920-21) In T. matter of: 72 Harwood Avenue North Ajax ON L1T4W4 Between: T. T. T. A. A. M. L. Y. F. H. B. M. to T. L. A. T. Board’s new case management system, T. Tribunals Ontario Portal. Y. new F. number is LTB-T-076822-22 T. T. (T. 'T.') applied for an order determining that A. M. (T. 'L.') H. collected or retained money illegally. This application was heard by videoconference on January 22, 2023 at 9:00 a.m. T. L. A. T. T. attended T. hearing. Determinations: 1. This is a T1 T. Application for a Rebate of Money T. L. Owes where T. T. alleges that they paid T. L. an illegal charge of $4,400.00 on August 25, 2020. 2. Uncontested submissions by T. T. were that he A. his brother-in-law rented A. M. into T. rental unit with their families on April 25, 2020. T. tenancy agreement was for one year. 3. T. monthly rent was $2,200.00 A. was payable on T. 25th day of each month. Order Page: 1 of 4  F. Number: LTB-T-076822-22 4. Due to family issues T. T. informed T. L. on August 24, 2020 that he was ‘breaking T. lease” A. moving out of T. rental unit on August 25, 2020. 5. T. T. submitted a email chain, dated August 24, 2020 A. August 25, 2020, between himself A. T. L., where T. T. asserts that he H. vacated T. 2023 ONLTB 39814 (CanLII) rental unit A. “I will not be in T. lease anymore after 25th October, 2020.” Further discussion in T. email chain indicates that T. T.’s family will be staying in T. rental unit for 2 months, until October 24, 2020. 6. T. T.’s own submissions, A. as confirmed by T. L., are that his family remained in T. rental unit until A. vacant possession of T. rental unit was returned to T. L. on October 24, 2020. 7. T. T. submitted proof of e-transfer to T. L. of $2,200.00 on August 24, 2020 A. $2,200.00 on August 25, 2020. T. L. confirmed that he received both payments. 8. T. L. confirmed that he was hold a last month’s rent deposit of $4,400.00 9. T. L. confirmed that T. rental unit was re-rented on December 1, 2020 Residential Tenancies Act 2006, (T. “Act”) 10. Subsection 3(1) of T. Act says that T. Act applies with respect to rental units in residential complexes, despite any Act A. despite any agreement or waiver to T. contrary. This provision means that landlords A. tenants cannot contract out of their obligations under T. Act. 11. Section 106 of T. Act states T. following; “(1) A L. may require a T. to pay a rent deposit with respect to a tenancy if T. L. does so on or before entering into T. tenancy agreement. Amount of rent deposit (2) T. amount of a rent deposit shall not be more than T. lesser of T. amount of rent for one rent period A. T. amount of rent for one month.” 12. In this case, there is also no dispute that T. Tenants paid T. L. 2 month’s rent or $4,400.00 as a last month’s rent deposit. 13. T. L. is not legally entitled to retain T. 2nd months rent deposit T. Tenants paid in advance for T. rental period September 25, 2020 to October 24, 2020. 14. Accordingly, T. L. shall be ordered to pay T. Tenants $2,200.00. Order Page: 2 of 4  F. Number: LTB-T-076822-22 15. In this case, although a fixed term tenancy, one of T. Tenants individually decided to try to end T. tenancy by providing T. L. with 60 days’ written notice. There is no dispute that T. sole T. provided T. L. with written notice on August 24, 2020, A. that he A. his family left T. rental unit. However, T. T. cannot individually 2023 ONLTB 39814 (CanLII) terminate T. rental agreement. 16. Accordingly I am of T. opinion that T. lease was not properly terminated. 17. Section 88 (2) of T. Act applies when a T. abandons or vacates a rental unit without notice. This section states T. following: “Arrears of rent when a T. abandons or vacates without notice. If T. T. abandoned or vacated T. rental unit without giving any notice, arrears of rent are owing for T. period that ends on T. earliest termination date that could have B. specified in a notice of termination had T. T., on T. date that T. L. knew or ought to have known that T. T. had abandoned or vacated T. rental unit, given notice of termination in accordance with section 47, 96 or 145, as T. case may be.” 18. In this case T. T. may have left T. rental unit on August 25, 2020 however his family remained until October 25, 2020 A. as confirmed by T. L. returned vacant possession to T. L. on that date without proper notice. 19. Furthermore T. e-transfers that were sent to T. L. on August 24 A. August 25, 2020 do not specify to which months they are to be applied; T. wording of T. message is “Penalty Amount”. In this case it appears that L. applied one month rent to T. August 25 to September 24, 2020 timeframe, applied $2,200.00 of T. last months rent deposit to T. September 25 to October 24, 2020 timeframe, as T. last month of tenancy, A. accepted T. 2nd email transfer for T. October 25 to November 25, 2020 timeframe, T. “penalty”, at which time, according to his testimony, he attempted to mitigate lose for himself A. T. Tenants by re-renting T. rental unit for December 1, 2020. 20. Accordingly, I will not be awarding T. T. 50%, or $2,200.00 of $4,400.00 claimed in this application It is ordered that: 1. T. L. shall pay T. T. T. sum of $2,200.00 that T. L. was not legally able to request or retain. 2. T. L. shall also pay to T. T. T. sum of $53.00 for T. cost of filing T. application. Order Page: 3 of 4  F. Number: LTB-T-076822-22 3. T. total amount T. L. shall pay to T. T. is $2,253.00 4. If T. L. do not pay T. T. T. full amount owing by June 16, 2023 T. L. will owe interest. This will be simple interest calculated from June 17, 2023 at 6.00% annually on T. outstanding balance. 2023 ONLTB 39814 (CanLII) 5. T. T. H. T. right, at any time, to collect T. full amount owing or any balance outstanding under this order. June 5, 2023 ____________________________ Date Issued Peter Pavlovic Member, L. A. T. 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: 4 of 4