Tenant Wins Key Deposit and Interest Claim: Stuart v Kazem-Motlagh 2024
Tenant successfully recovers $471 from landlord for illegal key deposit and unpaid rent deposit interest
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 75 Queens Wharf Road, Toronto, ON M5V0J8
Decision in favor of
tenant
Balance Owed to Tenant
$471
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Sep 4, 2024
Dispute Summary
Tenant applied for an order determining that Landlord collected or retained money illegally, including issues with rent deposit interest, key deposit, and N12 notice compensation.
Determinations
- Rent increase notice deemed valid
- Landlord failed to pay interest on rent deposit
- Landlord illegally retained key deposit
- Tenant compensated for N12 notice
Case Study
Tenant's claims partially substantiated, with Landlord ordered to pay $471.12 for key deposit and rent deposit interest.
Arguments and Actions
Landlord
Actions
Landlord is a senior living off pension and daughter's support
Tenant
Arguments
Landlord did not provide sufficient notice for rent increase and failed to return key deposit
Actions
Tenant vacated rental unit on December 1, 2023, and returned keys to security
Decision Summary
Landlord must pay Tenant $471.12 by December 4, 2024, which includes rent deposit interest, key deposit refund, and application filing fee.
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,153
Application Fee
$48
Rent Deposit
$2,000
Deposit Interest
$73
Total Owing
$471 (Owed to Tenant)
Source
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