Landlord Ordered to Return Deposit After Tenant Cancellation - Olaitan v Preston Apartments
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2013 Secord Avenue, Toronto, ON M4C2C3
Decision in favor of
tenant
Balance Owed to Tenant
$4,353
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Jan 2022
Order Date
Jan 26, 2022
Dispute Summary
Tenants applied for an order determining that the Landlord has collected or retained money illegally. The Tenants paid the first and last month's rent deposit, but then decided to cancel the rental application due to the Tenant's medical condition. The Landlord was aware of the cancellation but did not return the deposit.
Determinations
- Landlord breached RTA by retaining deposit
- Landlord was aware of cancellation by September 16, 2019
- No tenancy agreement was signed
- Tenants cancelled application before move-in date
- Tenants did not take possession of the unit
- Tenants paid $4,300 deposit for first and last month's rent
Case Study
The Tenants were entitled to the return of their deposit since a tenancy agreement was never finalized, and the Landlord breached the Residential Tenancies Act by retaining the deposit when the Tenants did not take possession of the unit.
Arguments and Actions
Landlord
Actions
Landlord was aware of cancellation by September 16, 2019 but did not return deposit.
Tenant
Actions
Tenants cancelled rental application due to Tenant's medical condition, but Landlord did not return deposit.
Decision Summary
The Tenants' application was granted. The Landlord was ordered to pay the Tenants $4,300 for the first and last month's rent deposit, plus $53 for the cost of filing the application. If the Landlord does not pay the full amount by February 6, 2022, they will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
56
Landlord Favorable
60.7%
Tenant Favorable
19.6%
Mutual Agreement
19.6%
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Financial Details
Application Fee
$53
Rent Deposit
$4,300
Total Owing
$4,353 (Owed to Tenant)
Source
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