Landlord Retains Tenant's Deposit After Early Termination - Bhavsar v Singh
Landlord retains tenant's deposit after early termination of rental agreement
Summarized by RentZenLast updated: July 22, 2024
Case Summary
160 Pefferlaw Circle, Brampton, ON L6Y0L2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Oct 2021
Order Date
Feb 7, 2022
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant paid a $200 deposit and $1,800 last month's rent, but then withdrew from the rental agreement before moving in. The Landlord re-rented the unit in May, minimizing the Tenant's liability.
Determinations
- Landlord agreed to 6-month term
- Landlord minimized losses by re-renting unit
- Landlord not required to return deposit
- Parties entered valid tenancy agreement
- Tenant failed to provide proper termination notice
- Tenant liable for rent until unit re-rented
Case Study
The Tenant's application is dismissed. The parties entered a valid tenancy agreement, and the Tenant failed to provide proper notice to terminate the tenancy. The Landlord took reasonable steps to minimize losses by re-renting the unit. The Landlord is not required to return the deposit and can apply it to the rent owing.
Arguments and Actions
Landlord
Actions
Landlord agreed to reduce 12-month term to 6-month term, re-rented unit in May 2019 to minimize losses.
Tenant
Actions
Tenant withdrew from rental agreement before moving in on April 1, 2019.
Procedural Errors
Tenant failed to provide proper notice to terminate tenancy.
Decision Summary
The Tenant's application is dismissed. The Landlord is not required to return the Tenant's deposit, as the Tenant failed to provide proper notice to terminate the tenancy and the Landlord took reasonable steps to minimize losses.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
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Financial Details
Lawful Rent
$1,800
Rent Deposit
$2,000
Source
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