Landlord Wins Security Deposit Dispute: Christie v Sharma 2022
Landlord retains security deposit in dispute with tenant over harassment claim
Summarized by RentZenLast updated: July 22, 2024
Case Summary
36 Pathway Drive, Brampton, ON L6X0Z7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jan 2022
Order Date
Feb 4, 2022
Dispute Summary
Tenant applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with the Tenant. The Tenant also sought the return of his security deposit and interest on the last 3 months' rent.
Determinations
- Landlord claimed $3,000 in damages from the unit after Tenant vacated
- Landlord did not provide receipts for the repairs
- Landlord was not aware of requirement to pay interest on last month's rent
- Tenant moved in on 2017-12-01, rent was $1,000/month
- Tenant paid $500 security deposit
- Tenant paid 1st and last month's rent, plus 3 months in advance
Case Study
The Tenant's application was dismissed as the allegations of harassment were not proven, and the claims for the return of the security deposit and interest on the last 3 months' rent should have been filed under separate T1 applications.
Arguments and Actions
Tenant
Procedural Errors
The Tenant should have made his applications pursuant to the sections in which he was seeking remedies, namely ss. 135 and 106(10).
Decision Summary
The Tenant's application was dismissed as the allegations of harassment were not proven, and the claims for the return of the security deposit and interest on the last 3 months' rent should have been filed under separate T1 applications.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,000
Rent Deposit
$500
Deposit Interest
$124
Damages
$3,000
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.