Tenant Wins Against Illegal Rental Commission: Ruban v Dulos Group Property Management
Tenant successfully challenges illegal $2655 rental commission fee charged by property management company
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 330 Richmond St W, Toronto, ON M5V0M4
Decision in favor of
tenant
Balance Owed to Tenant
$2,703
Dispute Categories
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jan 2024
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord collected or retained money illegally, specifically challenging a rental commission fee charged when the tenant vacated the unit early.
Determinations
- Tenant proved allegations on balance of probabilities
- Landlord used rent deposit improperly
- Rental commission fee is illegal
- Lease provision for commission fee is void
Case Study
The Board found that the rental commission fee was an illegal charge under Section 134(1) of the Residential Tenancies Act, 2006, and not recoverable by the Landlord.
Arguments and Actions
Landlord
Arguments
Argued that rental commission should be borne by Tenant for early lease termination
Actions
Claimed entitlement to commission fee under lease section 9.26
Procedural Errors
Charged illegal rental commission fee
Tenant
Arguments
Disputed the deduction of $2,655.00 rental commission fee
Actions
Tenant lost job, attempted to terminate lease early, agreed to subsidize rent for new tenant
Decision Summary
The Landlord must refund $2,703.00 to the Tenant, which includes $2,655.00 for the illegal rental commission fee and $48.00 for the filing fee, by September 14, 2024.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$5,050
Application Fee
$48
Rent Deposit
$5,050
Other Owed Amount
$2,655
Illegal rental commission fee
Total Owing
$2,703 (Owed to Tenant)
Source
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