Tenant's Claim Dismissed: Almofti v Khan Rental Dispute
Tenant's claim of illegal rent retention dismissed after agreeing to flood damage settlement
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 310 Burnhamthorpe Rd W, Mississauga, ON L5B4P9
Decision in favor of
landlord
Balance Owed to Landlord
$9,000
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2023
Hearing Date
Jun 2024
Order Date
Sep 6, 2024
Dispute Summary
Tenant applied for an order determining that Landlord collected or retained money illegally after a flood occurred in the rental unit in December 2022, resulting in early termination of tenancy.
Determinations
- Tenancy started November 8, 2022
- Monthly rent was $3,000.00
- Flood occurred in December 2022
- Tenant vacated on February 7, 2023
- Parties agreed on tenancy termination
- Landlord retained $9,000.00 in unpaid rent
Case Study
Examined legality of rent retention and settlement agreement after flood damage
Arguments and Actions
Landlord
Arguments
Settlement was made in good faith and legally permissible
Actions
Retained $9,000 in rent as settlement for flood damages
Tenant
Arguments
Landlord illegally retained rent money
Actions
Caused flood in rental unit, agreed to forfeit remaining rent to cover damages
Decision Summary
Tenant's application dismissed. Landlord did not illegally collect or retain money. Settlement agreement for flood damages was found to be valid and made in good faith.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$3,000
Other Owed Amount
$9,000
Retained rent for flood damages
Total Owing
$9,000 (Owed to Landlord)
Source
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