NK v AS
Last updated: July 30, 2024
Order
Ordered by ,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: NK v AS, 2018 CanLII 42803 (ON LTB)
File Number: CET-72703-18
Timeline
Application Date
Dec 2017
Hearing Date
Mar 2018
Order Date
Mar 14, 2018
Decision
The Landlord shall pay to the Tenant the sum of $990.00, which represents the rent deposit. If the Landlord does not pay the Tenant the full amount owing by March 25, 2018, the Landlord will owe interest at 3.00% annually on the outstanding balance.
Dispute
Tenant applied for an order determining that Landlord has collected or retained money illegally. The Tenant claimed the Landlord did not allow her to move into the rental unit on December 1, 2017 and failed to return the rent deposit and the first month's rent.
Determinations
- Landlord offered Tenant vacant possession of the rental unit on the date the tenancy was to commence
- Tenant acted unreasonably in attempting to repudiate the entire tenancy agreement due to a delay of a few hours after she first arrived
- Tenant's obligation to pay rent under the residential tenancy agreement was in full force and effect on December 1, 2017
- Landlord mitigated his loss by re-renting the rental unit commencing January 1, 2018
Landlord's Arguments
Actions and Evidence
Landlord stated he was at the rental unit at 9:00 a.m. on December 1, 2017 when the Tenant arrived, and the Tenant left and returned at about 12:00 p.m. when the previous tenants offered to put their belongings in one room so the Tenant could move in, but the Tenant chose to leave at about 12:30 p.m. and later left a voice message stating she was not going to move into the rental unit.
Tenant's Arguments
Actions and Evidence
Tenant arrived at the apartment on December 1, 2017 to move in, but the apartment was still occupied. Tenant stored her belongings and had a conversation with the Landlord in the afternoon, indicating she would not be moving into the unit.
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