Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$1,099
to Tenants
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Citation: Serruya v Libfeld, 2024 ONLTB 58833
File Number: LTB-T-061139-22
Application Date
Apr 2022
Hearing Date
Jun 2024
Order Date
Aug 29, 2024
The Landlord collected illegal damage and key deposits, and improperly applied the last month's rent deposit. The Landlord's attempt to impose a 'full and final settlement' was not a valid contract. The Tenants are entitled to a refund of the balance of the damage deposit, the key deposit, and interest on the last month's rent deposit.
Tenants applied for an order determining that the Landlord collected or retained money illegally, substantially interfered with their reasonable enjoyment, and harassed, obstructed, coerced, threatened or interfered with them.
Tenants agreed to 'full and final settlement' by cashing the $3,400 cheque.
Landlord claimed unit had pet odor and damage, but did not file LTB application to recover costs.
Landlord collected illegal damage and key deposits, and improperly applied the last month's rent deposit. Landlord's attempt to impose a 'full and final settlement' was not a valid contract.
Tenants vacated the rental unit on December 13, 2022 in 'broom-swept' and 'normal wear and tear' condition.
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Lawful Rent
$6,425
Application Fee
$53
Rent Deposit
$12,850
Deposit Interest
$96
Other Amount
$950
Balance of damage deposit and key deposit
Ordered Amount
$1,099 (to Tenants)
Click to switch between order outcomes
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