Kowkshitha v Sivasubramanian
Last updated: February 7, 2026
Order
Ordered by Greg Witt,Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Kowkshitha v Sivasubramanian, 2025 ONLTB 64413
File Number: LTB-T-094718-23
Timeline
Tenancy End Date
Jan 2024
Hearing Date
Jul 2024
Order Date
Aug 21, 2025
Decision
The Tenant's application was dismissed. The Landlord was legally permitted to retain the full rent deposit and apply it to the final month of the joint tenancy, regardless of the fact that one individual tenant moved out earlier than the others.
Dispute
The Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant moved out of a joint tenancy on December 1, 2023, while the other two co-tenants remained until January 2024. The Tenant sought the return of her portion ($700.00) of the rent deposit, arguing it should not have been applied to the final month's rent for the remaining tenants.
Determinations
- The Tenant did not prove allegations on a balance of probabilities.
- Landlord collected a $700.00 rent deposit on July 1, 2023.
- A 1-year joint tenancy agreement existed with three tenants.
- The Tenant vacated on December 1, 2023, while co-tenants remained until late January 2024.
- The rent deposit was applied to the lawful rent for January 2024.
- The Act does not provide for apportionment of a deposit between joint tenants when one vacates early.
- Landlord did not breach the Act.
Landlord's Arguments
Tenant's Arguments
Arguments
The Tenant argued the Landlord illegally retained her portion of the rent deposit contrary to section 106(10) of the Act because she was no longer in possession of the unit.
Actions and Evidence
The Tenant claimed that since she moved out in December 2023, she was entitled to her $700.00 share of the rent deposit, even though the other roommates stayed until January 2024.
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