Tenants Win Compensation Case Against Landlord: Zeng v Wang 2024
Tenants awarded $3531 after LTB finds landlord illegally retained key deposit and failed to pay N12 notice compensation
Summarized by RentZenLast updated: November 3, 2024
Case Summary
7 Azalea Gateway, Thornhill, ON L3T7T9
Decision in favor of
tenant
Balance Owed to Tenant
$3,531
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Tenancy End Date
Jun 2023
Hearing Date
May 2024
Order Date
Jun 12, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord collected or retained money illegally, including interest on the last month's rent deposit and a key deposit. The Landlord also failed to pay the Tenant the required compensation when serving a N12 notice.
Determinations
- Landlord failed to pay interest on last month's rent deposit
- Landlord failed to pay compensation for N12 notice
- Landlord illegally retained key deposit
Arguments and Actions
Landlord
Actions
Landlord claimed Tenant refused to give keys and threw them away, but this was hearsay evidence.
Tenant
Actions
Tenant attempted to return keys to Landlord's agent but was refused unless they signed a 'mutual release' document.
Decision Summary
The Landlord must pay the Tenant $147 for interest on the last month's rent deposit, $300 for the key deposit, and $3,000 as compensation under s. 48.1 of the Act, plus $48 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
85.2%
Tenant Favorable
3.7%
Mutual Agreement
11.1%
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Financial Details
Application Fee
$48
Rent Deposit
$300
Deposit Interest
$147
Other Owed Amount
$3,000
Compensation under s. 48.1 of the Act
Total Owing
$3,531 (Owed to Tenant)
Source
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