Tenant Wins Illegal Charges Case: Olawole v Canadian Home Inspection Services Inc 2024
Landlord ordered to refund $300 illegal damage deposit to tenant in St. Catharines case
Summarized by RentZenLast updated: October 13, 2024
Case Summary
21 Almond Street, St. Catharines, ON L2T1G1
Decision in favor of
tenant
Balance Owed to Tenant
$353
Dispute Categories
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Timeline
Application Date
May 2024
Hearing Date
Aug 2024
Order Date
Aug 21, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally, specifically a $300 refundable damage deposit.
Determinations
- Christian Vattovaz is the Landlord, not just the property manager
- Landlord collected illegal $300 damage deposit from Tenant
- Tenant is entitled to reimbursement of $300 deposit and $53 application fee
Case Study
The Landlord, Christian Vattovaz, held himself out as the Landlord and dealt directly with the Tenant, therefore meeting the definition of Landlord under the Residential Tenancies Act. The Tenant proved the Landlord collected an illegal $300 damage deposit, which is prohibited under the Act.
Arguments and Actions
Landlord
Actions
Landlord claimed lease allowed for $300 damage deposit and deductions for damages, but provided no evidence of lease.
Tenant
Actions
Tenant requested return of $300 damage deposit via text message, but was only refunded $150 with claims of carpet cleaning and door damage.
Decision Summary
The Landlord breached the Residential Tenancies Act by collecting an illegal $300 damage deposit from the Tenant. The Landlord must pay the Tenant $353, which includes the $300 deposit and the $53 application fee.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
95.0%
Tenant Favorable
5.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$53
Damages
$300
Total Owing
$353 (Owed to Tenant)
Source
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