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Case Study

LTB Order on Illegal Rent Deposit and Termination Notice

Case LTB-T-009487-23

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 4, 2023

Order Issued: October 26, 2023

Termination Date: November 26, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-T-009487-23
Address: 47 DRYDEN WAY, TORONTO ON M9R0B2
Form Used: N9
Served By: Email and Courier
Amount Awarded: $9,083.00
Decision In Favor: Tenant
Application Type: Order for repayment of illegal charges and improperly retained deposits
RTA Sections: Section 3, Section 95(4), Section 96(2), Section 106(2), Section 135, Section 191(2), Section 88(1)

👥 Parties involved

Landlord: Sahalia Rashid
Landlord Rep: Haroon Qureshi
Tenant: Michael Hunter, Stacey Hunter
Tenant Rep: Adam Fraccaro, Francisco Gomez
Adjudicator: Candace Aboussafy
Keywords: illegal deposit, last month's rent, termination notice, email service, costs denied

⚖️ Decision summary

Landlord to pay $9,083.00 to Tenants.
No costs awarded to Tenants despite request.

⚠️ Dispute summary

Dispute over the amount collected and retained as last month's rent deposit.
Issue with the validity of the termination notice served by email.

📑 Findings & determinations

Landlord collected excess deposit contrary to the RTA.
Email notice of termination not deemed validly served.
Tenants entitled to repayment for illegal deposit and retained funds.

💡 Summary points

Landlord collected more than allowed for last month's rent deposit.
Landlord retained part of the deposit illegally.
Tenants awarded repayment of illegal charges and retained deposits.
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🧑‍⚖️ Same adjudicator

Candace Aboussafy