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Case Study

LTB Order on Illegal Retention of Money

Case LTB-T-061609-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-11-15

Order Issued: 2023-12-01

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-061609-22
Address: 4, 103 Coleman Avenue, Toronto ON M4C1P9
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: $120.75
Decision In Favor: Tenants
Application Type: Order determining illegal retention of money
RTA Sections: Section 106(2) - Limit on last month's rent deposit, Section 106(6) - Requirement to pay interest on last month's rent deposit

👥 Parties involved

Landlord: 3GEN DEVELOPMENT GROUP INC.
Landlord Rep: Ryan Dolan
Tenant: NURIA ALVAREZ SANCHEZ, MIGUEL ANGEL PERALES PEREZ
Tenant Rep: Self Represented
Adjudicator: Kate Sinipostolova
Keywords: illegal charge, last month's rent deposit, interest

⚖️ Decision summary

Landlord to pay Tenants by December 12, 2023.
If not paid, interest at 7% annually from December 13, 2023.

⚠️ Dispute summary

Tenants claimed illegal retention of money by landlord.
Application amended to include claim for interest on last month's rent deposit.

📑 Findings & determinations

Landlord must pay $120.75 to the Tenants.
$67.75 for interest on last month's rent deposit.
$53.00 for cost of filing the application.

💡 Summary points

Landlord required two months' rent for last month's deposit, contrary to the Act.
Tenants awarded interest on the last month's rent deposit.
Landlord's illegal charge was returned by waiving one month's rent.
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