Tenant Wins Harassment and Key Deposit Case: Mander v Tottinchi 2024
Mississauga tenants awarded $407 for landlord's illegal key deposit retention and harassment
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 4070 Confederation Pky, Mississauga, ON L5B0E9
Decision in favor of
tenant
Balance Owed to Tenant
$407
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jun 2023
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenants applied for an order determining that Landlords illegally collected a key deposit and harassed them through threatening communications.
Determinations
- Landlord illegally retained $300 key deposit
- Landlord harassed tenant through threatening text message
- Tenant entitled to key deposit return and rent abatement
Case Study
Landlord's actions violated Residential Tenancies Act by retaining key deposit and sending harassing messages.
Arguments and Actions
Landlord
Arguments
Landlord argued retention of deposit was for compensation of damages
Actions
Landlord claimed key deposit was retained for damages and improper notice
Procedural Errors
Illegally retaining key deposit and sending harassing messages
Aggravating Factors
Threatening to contact tenant's employer
Tenant
Arguments
Landlord illegally retained key deposit and sent harassing messages
Actions
Tenant returned keys on June 21, 2023, and requested return of key deposit
Decision Summary
Landlord must pay Tenant $407.18 for illegally retaining key deposit and harassment, to be paid by September 9, 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
Total Owing
$407 (Owed to Tenant)
Source
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