Geris v Royal York Property Management - Landlord Ordered to Refund Illegal Charges
Landlord ordered to refund over $5300 in illegal fees charged to prospective tenants
Summarized by RentZenLast updated: October 13, 2024
Case Summary
98 Middleton Street, Thamesford, ON N0M2M0
Decision in favor of
tenant
Balance Owed to Tenants
$5,340
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jul 2024
Order Date
Aug 23, 2024
Dispute Summary
Prospective Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord charged a $750 application fee, a $223.74 'document processing and screening fee', and a $250 refundable key deposit, which the Prospective Tenants argued were illegal charges under the Residential Tenancies Act.
Determinations
- Landlord charged illegal fees
- Prospective Tenants did not take possession of rental unit
- Landlord must refund $5,340.07 to Prospective Tenants
Case Study
The Offer to Lease Agreement was an attempt by the Landlord to contract out of the provisions of the Residential Tenancies Act. The $223.74 'document processing and screening fee' and the $99 fee paid by the owner to the Landlord were illegal charges that must be refunded. The $250 refundable key deposit was also required to be returned, as the Prospective Tenants never took possession of the rental unit.
Decision Summary
The Landlord collected or retained $5,340.07 illegally from the Prospective Tenants, including a $223.74 'document processing and screening fee', a $250 refundable key deposit, and a $99 fee paid by the owner to the Landlord. The Landlord must refund the full $5,340.07 to the Prospective Tenants by September 3, 2024, or pay interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Application Fee
$48
Rent Deposit
$4,818
Other Owed Amount
$224
Document processing and screening fee
Total Owing
$5,340 (Owed to Tenants)
Source
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