Tenant Wins Illegal Rent Charges Case: Anandu v Homestead Landholdings 2024
Tenant successfully challenges landlord's illegal rent charges for period before tenancy start
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 195 Clearview Avenue, Ottawa, ON K1Z6S1
Decision in favor of
tenant
Balance Owed to Tenant
$939
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
May 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally by charging rent for a period before the actual tenancy start date.
Determinations
- Tenancy start date was September 1, 2023
- Landlord illegally collected rent for August 15-31, 2023
- Tenant's testimony was found credible
Case Study
The lease agreement presented conflicting information about the tenancy start date, and under contract interpretation principles, ambiguities were resolved against the landlord.
Arguments and Actions
Landlord
Arguments
Lease allows partial rent for first period, and rental application showed August 15 start date
Actions
Requested rent for August 15-31, 2023, even though tenant did not move in until September 5, 2023
Procedural Errors
Charging rent before actual tenancy start date
Tenant
Arguments
Lease agreement states tenancy starts September 1, 2023, so no rent should be charged before that date
Actions
Tenant verbally informed Landlord he needed the unit starting September 1, 2023, and moved in on September 5, 2023
Decision Summary
The Landlord must pay the Tenant $939.45 for illegally collecting rent before the tenancy start date, with payment due by September 30, 2024.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Application Fee
$48
Other Owed Amount
$891
Illegally collected rent for August 15-31, 2023
Total Owing
$939 (Owed to Tenant)
Source
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