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LTB Order on Illegal Retention of Money - Bainbridge vs. Skyline Living

Analysis and Decision on Tenant's Deposit Refund

Case Timeline

Application Date: 2022-08-05
Hearing Date: 2023-09-06
Order Issued: 2023-09-29
Termination Date: Not applicable
Eviction Deadline: Not applicable

Case Overview

Case Number: LTB-T-059420-22
Address: 204, 746 LAFLN ST, CORNWALL ON K6J3M5
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: $468.93 (partial refund of deposit)
Decision In Favor: Landlord
Application Type: Order determining illegal retention of money
RTA Sections: Section 2 - Definition of landlord, Section 16 - Landlord's duty to minimize losses, Section 106(1) - Rent deposit, Section 107(1) - Rent deposit return, Section 183 - Expedited proceedings, Section 187(2) - Amendment of application

Parties Involved

Landlord: SKYLINE LIVING
Landlord Rep: Shannon Kiekens, Robert J. Edwards
Tenant: ERIC BAINBRIDGE
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: illegal retention of money, rent deposit, tenancy agreement

Decision Summary

Tenant's claim of duress not supported by evidence.
Landlord took reasonable steps to re-rent the unit.
Partial refund of deposit deemed appropriate.

Dispute Summary

Tenant claims illegal retention of deposit.
Landlord argues compliance with legal obligations in re-renting.

Findings & Determinations

Mandy Legallais Pechie is not a landlord.
No adjournment granted for tenant to amend application.
Tenancy agreement was legally binding from the acceptance of the rental application.

Summary Points

Tenant applied to rent and later withdrew, requesting deposit back.
Landlord partially refunded the deposit, retaining some due to re-rental costs.
LTB found no evidence of duress in tenant's application withdrawal.
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