Guo v Li - Tenant Wins Illegal Charges Case at LTB
Tenant awarded $1358 after proving landlord illegally retained rent and deposit interest
Summarized by RentZenLast updated: October 13, 2024
Case Summary
856 Thistledown Way, London, ON N6G4Z8
Decision in favor of
tenant
Balance Owed to Tenant
$1,358
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
May 2023
Application Date
Jun 2023
Hearing Date
Mar 2024
Order Date
Apr 18, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant moved into the rental unit on September 1, 2022 and vacated on May 7, 2023. The Tenant paid a total of 12 months' rent minus the $150 key deposit, for a total of $6,990. When the Tenant vacated, the Landlord did not refund the rent for June, July, and August 2023, totaling $1,785.
Determinations
- Tenant proved allegations on a balance of probabilities
- Landlord rented unit for less than Tenant's rent
- Landlord not entitled to deduct cleaning fee or agent fee
- Landlord failed to pay interest on last month's rent deposit
Arguments and Actions
Landlord
Actions
Landlord rented the unit for $500 per month and a per-diem rate of $300 for June 2023, totaling $1,300. Landlord claimed he should be reimbursed for the cleaning fee and a month's rent as an agent fee.
Tenant
Actions
Tenant vacated the rental unit on May 7, 2023 because she was moving back to China.
Decision Summary
The Landlord retained money illegally by not refunding the rent for June, July, and August 2023 when the Tenant vacated. The Landlord also failed to pay interest on the last month's rent deposit. The Landlord must repay the Tenant $1,358.10, which includes the illegally retained money, the interest on the rent deposit, and the application filing fee.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$595
Application Fee
$48
Rent Deposit
$595
Deposit Interest
$10
Total Owing
$1,358 (Owed to Tenant)
Source
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