LTB Order LTB-T-081935-22

Order under Section 69 2023 ONLTB 27147 (CanLII) Residential Tenancies Act, 2006 Citation: C. v C., 2023 ONLTB 27147 Date: 2023-03-22 File Number: LTB-T-081935-22 (formerly File # EAT-91877-20) In the matter of: 4903, 7 Grenville Street Toronto Ontario M4Y0E9 Between: Yi F. C. A. Z. W. Li T. A. R. Z. C. A. Si Z. C. Landlords Your file has been moved to the Landlord A. Tenant Board’s new case management system, the Tribunals Ontario Portal. Your new file number is LTB-T-081935-22 Yi F. C. A. Z. W. Li (the 'T.') applied for an order determining that Si Z. C. A. R. Z. C. (the 'Landlords') have collected or retained money illegally. This application was heard via videoconference on November 30, 2021. The T., represented by Marshall Yarmus, a licensed Paralegal, A. the Landlords, represented by Michael Ostroff, attended the hearing. Determinations: 1. This is a T1 Tenant Application for a Rebate of Money the Landlord Owes. 2. The T. are claiming that: a) the Landlords have charged them $16,400.00 of illegal rent, which they paid over the past 12 month; b) they paid the Landlord an illegal charge of $4,000.00; Order Page: 1 of 4  File Number: LTB-T-081935-22 c) the Landlord did not use the last month’s rent deposit to pay for the last rental period of the tenancy A. did not return the deposit; A. d) the Landlord did not pay the interest on the last’s rent deposit of $96.67 2023 ONLTB 27147 (CanLII) 3. A Case Management Hearing (the “CMH”) was held on January 5, 2021. At the CMH the parties agreed that the Landlords shall return to the T. the damage deposit in the amount of $1000.00 A. key deposit in the amount of $600.00 payable to Yi F. C. within 10 days of receipt of the rental unit keys. 4. The remaining issues addressed at the hearing were the allegations of illegal rent, illegal charges A. interest owing on the last months’ rent deposit. Evidence 5. The tenancy commenced on April 21, 2019 pursuant to a Standard Form Lease signed on or about April 19, 2019 for a fixed term ending April 20, 2020 6. After April 20, 2020 the tenancy continued on a month-to-month basis. 7. The monthly rent was $2,800.00 A. was due on the 20th of each month. 8. The T. also paid the Landlord an additional $100.00 per month for the use of a locker. The locker rental did not form part of the leasing agreement for the rental unit. 9. For the initial year of the rental agreement, the T. paid the Landlords rent one year in advance. The T. were students, without a satisfactory credit report. 10. The T. submitted copies of receipts, dated March 30 A. April 19, 2019, payable to the Landlords, in support of their claim that rent was paid in advance for both the rental unit A. locker. 11. After the initial lease had expired the tenancy continued on a month-to-month basis. The T. once again paid rent in advance for 1 year for the period from [date] to [date]. 12. The T. submitted copies of 3 money orders dated March 20, 2020, totaling $34,800.00 in support of their submission that rent was paid one year in advance. 13. In September 2020, the T. decided to move out of the rental unit. On or about September 12, 2020 the T. sent the Landlords a N9 Notice, Tenant’s Notice to End the Tenancy, (the N9 Notice) effective November 20, 2020. 14. The Tenant’s representative submitted a copy of the N9 Notice to the Board in support of their claim that they provided notice to the Landlord to terminate the tenancy. Order Page: 2 of 4  File Number: LTB-T-081935-22 15. The Landlords did not contest that the T. moved out of the rental unit on November 20, 2020 Residential Tenancies Act , 2006 (the “Act”) 2023 ONLTB 27147 (CanLII) 16. Section 3 (1) of the Act states that This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act A. despite any agreement or waiver to the contrary. This section means that landlords A. T. cannot contact out of their obligations under the Act 17. In this case this is a month-to-month tenancy for which the T. were entitled to end the tenancy by providing the Landlord with at least 60 days’ written notice. There is no dispute that the T. provided the Landlord with written notice on September 12, 202 to vacate the rental unit on November 20, 2020. Given this, I am satisfied the T. ended the tenancy in accordance with the Act. 18. Section 135(1.1)(a) of the Act states: (1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of, (a) any period after the tenancy has terminated A. the tenant has vacated the rental unit 19. What this provision means is that a landlord is not entitled to any rent for the period of time after a tenancy has lawfully ended, which in this case was November 20, 2020. 20. There is no dispute that the T. paid the Landlord $14,500.00 which was intended to satisfy the rent that would become due for the rental November 20, 2020 to April 19, 2021. The Landlord is not legally entitled to retain the amounts the T. paid in advance for the rental period November 20, 2020 to April 19, 2021. 21. The Landlords shall therefore be ordered to pay the T. $14,500.00. 22. Regarding the interest on the last month’s rent deposit, the Landlords conceded that they have not paid the T. any last month’s rent interest. Section 106(6) of the Act states that a landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at a rate equal to the guideline determined under section 120 that is in effect at the time payment becomes due. 23. The T. claimed $96.67 in interest on the rent deposit. The Landlord will be ordered to pay the T. this amount. Order Page: 3 of 4  File Number: LTB-T-081935-22 It is ordered: 1. The Landlords shall pay the T. the sum of $14,500. This represents amount that the Landlord have illegally retained. 2023 ONLTB 27147 (CanLII) 2. The Landlords shall pay to the Tenant the sum of $96.67 which represents interest due to them on the last month’s rent deposit. 3. The total amount the Landlord owes the T. is $14,596.67 4. The Landlord shall pay the T. the full amount by May 1, 2023 5. If the Landlord does not pay the T. the full amount owing by May 1, 2023 the Landlord will owe interest. This will be simple interest calculated from May 2, 2023 at 6.00% annually on the outstanding balance. May 3, 2023 Date Issued Peter Pavlovic Member, Landlord A. Tenant Board Order Page: 4 of 4