BAINBRIDGE v LEGALLAIS PECHIE - LTB Ruling on Deposit Refund
LTB rules Landlord entitled to keep rental deposit after Tenant backed out of agreement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
746 Lafln St, Cornwall, ON K6J3M5
Decision in favor of
landlord
Balance Owed to Landlord
$1,001
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Sep 2023
Order Date
Sep 29, 2023
Dispute Summary
The Tenant applied for an order determining that the Landlord collected or retained money illegally.
Determinations
- Tenant's application to amend was denied
- Tenant entered into a legally binding agreement with Landlord
- Landlord complied with s.16 to minimize losses
- Tenant liable for 21 days' rent
- Tenant entitled to refund of $448.93 deposit balance
Case Study
The Tenant had a legally binding agreement with the Landlord to rent the unit, and the Landlord was entitled to keep the last month's rent deposit when the Tenant repudiated the agreement. The Landlord took reasonable steps to re-rent the unit and minimize losses.
Arguments and Actions
Landlord
Arguments
Landlord complied with s.16 of the Act to minimize losses by re-renting the unit 17 days after the Tenant was to move in.
Actions
Landlord advised the Tenant on July 26, 2022 that his application was approved and accepted. Landlord mailed a partial refund cheque to the Tenant on March 8, 2023.
Tenant
Arguments
Tenant claimed he entered the agreement under duress due to his mental health conditions.
Actions
Tenant applied for the rental unit on July 22, 2022 and submitted a deposit. On July 26, 2022, the Landlord advised the Tenant his application was approved, but the Tenant decided not to proceed with renting the unit.
Decision Summary
The Tenant is liable for 21 days' rent from August 15 to September 4, 2022, in the amount of $1,001.07. The Tenant is entitled to a refund of the $448.93 balance of the deposit paid.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Rent Arrears
$1,001
Application Fee
$53
Rent Deposit
$1,450
Total Owing
$1,001 (Owed to Landlord)
Source
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