Landlord Wins Dispute Over Illegal Rent and Bad Faith Eviction: Aholou v Lee 2023
Landlord prevails over tenant's claims of illegal rent and bad faith eviction in Toronto rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
50 Fort York Boulevard, Toronto, ON M5V3Z3
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Application Date
Oct 2021
Hearing Date
May 2022
Order Date
Nov 24, 2023
Dispute Summary
The tenant filed applications alleging the landlord collected illegal rent and issued a bad faith N12 notice. The landlord filed a previous application for rent arrears, which was reviewed and upheld.
Determinations
- Tenant did not prove allegations of illegal rent collection
- Landlord applied last month's rent deposit and interest as per previous order
- Tenant did not prove landlord issued N12 notice in bad faith
- Tenant vacated unit on December 21, 2020 per previous order
Case Study
The tenant did not prove the allegations on a balance of probabilities. The landlord's previous application for rent arrears was reviewed and upheld, and the tenant did not seek a review of the determination that the tenancy ended due to a consent agreement.
Arguments and Actions
Tenant
Actions
Tenant could not move out earlier due to COVID-19 and having a baby.
Decision Summary
The tenant's applications are dismissed. The landlord did not collect illegal rent, and the tenant vacated the unit due to a consent agreement reached previously.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Deposit
$4,100
Deposit Interest
$650
Source
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