Landlord Wins Illegal Charges Case: Serfaty v Arruda 2023
Toronto tenants' application over rent deposit dismissed, landlord entitled to keep last month's rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
678 Adelaide Street W, Toronto, ON M6J1B1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Nov 15, 2023
Dispute Summary
Tenants applied for an order determining that the Landlord and Landlord's Agent collected or retained money illegally.
Determinations
- Landlord's Agent and Landlord requested adjournment due to lack of notice and Landlord's surgery, but request denied
- Landlord was properly served Notice of Hearing through Landlord's Agent
- Landlord was aware of proceedings from previous hearing
- Tenants did not prove allegations in application on balance of probabilities
- Application dismissed
Case Study
The Landlord was properly served the Notice of Hearing, and the Landlord's Agent was present at the previous hearing, so the Landlord was aware of the proceedings. The Landlord's request for an adjournment was denied. The Tenants did not prove the allegations in the application on a balance of probabilities, so the application is dismissed.
Arguments and Actions
Landlord
Actions
Landlord's Agent testified she was unaware of post-dated cheque, tried to re-rent unit, and informed Tenants when it was re-rented.
Tenant
Actions
Tenants were concerned about Landlord cashing post-dated cheque early, and communication turned hostile after they decided not to rent the unit.
Decision Summary
The Tenants' application is dismissed. The Landlord was entitled to retain the last month's rent deposit as the Tenants unilaterally decided not to proceed with the tenancy agreement.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Rent Deposit
$1,150
Source
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