Tenants Win Compensation and Key Deposit Case: Mohamed v Holly 2023
Landlord ordered to pay tenants $2200 for failing to provide compensation and return key deposit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1908 35 Kingsbridge Garden Cir, Mississauga, ON L5R3Z5
Decision in favor of
tenant
Balance Owed to Tenants
$2,200
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2022
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Sep 7, 2023
Dispute Summary
Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord served two N12 notices of termination, and the Tenants exercised their rights under ss. 48(3) and (4) to terminate the tenancy earlier. The Landlord failed to pay the Tenants compensation pursuant to s. 48.1 and failed to return a refundable key deposit.
Determinations
- Landlord served N12 notices
- Tenants exercised rights under ss. 48(3) and (4)
- Tenancy terminated on June 30, 2022
- Landlord failed to pay compensation under s. 48.1
- Landlord failed to return refundable key deposit
Case Study
The Landlord failed to pay the Tenants compensation pursuant to s. 48.1 and failed to return the refundable key deposit, which are contraventions of the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Actions
The Landlord claims she did not pay the compensation to the Tenants because she believed the Tenants damaged the rental unit and their tenancy was stressful and distressing for her.
Aggravating Factors
The Landlord did not pay the compensation owed to the Tenants despite being told by her lawyer that she would, and she retained the refundable key deposit.
Decision Summary
The Landlord is ordered to pay the Tenants $2,000.00 for unpaid compensation under s. 48.1 and $200.00 for the return of the refundable key deposit.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$2,000
Rent Deposit
$2,000
Other Owed Amount
$2,200
Compensation under s. 48.1 and refundable key deposit
Total Owing
$2,200 (Owed to Tenants)
Source
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