Subtenant Wins Illegal Rent Collection Case: Mitchell v Lisicki 2024
Subtenant awarded $701 after LTB finds tenant illegally collected excess rent in Guelph dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
979 Edinburgh Rd S, Guelph, ON N1G5C3
Decision in favor of
subtenant
Balance Owed to Subtenant
$701
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Feb 14, 2024
Dispute Summary
Subtenant applied for an order determining that Tenant collected or retained money illegally. The Subtenant proved the allegations on a balance of probabilities, and the Tenant must pay the Subtenant $700.90.
Determinations
- Subtenant proved allegations on balance of probabilities
- Tenant collected rent in excess of amount allowed by Residential Tenancies Act
- Tenant paid Landlord $835/month, but Subtenant paid Tenant $950/month
- Tenant's explanation for discrepancy not credible
- Lawful rent is amount Landlord actually charged, not higher amount in agreement
Decision Summary
The Tenant must pay the Subtenant $700.90, which represents the excess rent collected and the cost of filing the application. If the Tenant does not pay by the due date, the Tenant will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$835
Application Fee
$48
Other Owed Amount
$653
Excess rent collected
Total Owing
$701 (Owed to Subtenant)
Source
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