Tenant Wins Illegal Charge Case: Nagra v Mansour 2024
Ottawa tenant awarded $103 after landlord's property manager charged illegal $50 fee to unlock bedroom door
Summarized by RentZenLast updated: October 13, 2024
Case Summary
992 Fisher Avenue, Ottawa, ON K1Z6P5
Decision in favor of
tenant
Balance Owed to Tenant
$103
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Mar 5, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant alleged that the Landlord's property manager charged a $50 'service fee' to unlock the Tenant's bedroom door when she accidentally locked herself out.
Determinations
- Landlord collected an illegal $50 service charge from Tenant to unlock her bedroom door
- Tenant proved allegations on a balance of probabilities
- Landlord must pay Tenant $50 illegal charge and $53 application filing costs
Case Study
The Landlord collected a charge which is not allowed by the Residential Tenancies Act, 2006. The Tenant proved the allegations on a balance of probabilities, so the Landlord must pay the Tenant the $50 illegal charge and reimburse the Tenant for the application filing costs.
Arguments and Actions
Landlord
Actions
Landlord's property manager insisted on charging a $50 'service fee' to unlock the Tenant's bedroom door.
Tenant
Arguments
The Residential Tenancies Act prohibits landlords from collecting such service fees from tenants.
Actions
Tenant accidentally locked herself out of her bedroom and contacted the property manager, who refused to unlock the door unless she paid a $50 'service charge'.
Decision Summary
The Tenant's application is granted. The Landlord must pay the Tenant $50 for the illegal charge collected and $53 for the application filing costs, for a total of $103.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Application Fee
$53
Other Owed Amount
$50
Illegal service charge
Total Owing
$103 (Owed to Tenant)
Source
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