Case Timeline
Application Date: Date not provided
Hearing Date: September 20, 2023
Order Issued: September 29, 2023
Termination Date: October 1, 2022
Eviction Deadline: Date not provided
Case Overview
Case Number: LTB-T-008442-23
Address: 2008, 15 Mercer Street, Toronto Ontario M5V1H2
Form Used: Lease Cancellation Agreement
Served By: Email
Amount Awarded: $4853.00
Decision In Favor: Tenant
Application Type: Order for the landlord to return illegally retained money
RTA Sections: Section 135(1), Section 106(1)
Parties Involved
Landlord: Daniel Otto
Landlord Rep: Self Represented
Tenant: Priyanka Persad, Marie Shah
Tenant Rep: Tenant Duty Counsel
Adjudicator: Trish Carson
Keywords: illegal retention of deposit, lease cancellation, unreturned deposit
Decision Summary
Landlord to pay $4853 by October 13, 2023.
Interest of 7% annually from October 14, 2023, if not paid.
Dispute Summary
Tenants applied for an order against landlord for retaining $4800 illegally.
Landlord did not attend the hearing.
Tenants provided evidence of payment and lease cancellation.
Findings & Determinations
Tenants proved their case on balance of probabilities.
Landlord must pay $4800 representing the deposit.
Landlord must also pay $53 for the cost of filing the application.
Summary Points
Landlord failed to return the first and last month rent deposit.
Tenants chose to cancel the lease due to delay in construction.
Landlord ordered to pay $4800 deposit and $53 filing fee.
View Official PDF
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