Case Study

LTB Order on Illegal Retention of Deposit

Case LTB-T-008442-23

🕑 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

ℹ️ 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.

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🧑‍⚖️ Same adjudicator

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