Bezemer v Turner

Tenant wins · Etobicoke · 2025-10-21

Adjudicator

Jeanie Theoharis

Dispute

Illegal Charge

Amount

<$5K

Landlord

P.T., E.H.

Tenant

E.B.

Tenant rep

Yvonne Bezemer

What happened

The Tenant applied for the return of a deposit paid for a room in a care home. Although $3,500 was paid, no formal tenancy agreement was ever finalized because the Tenant did not provide required medical information and care instructions. The Landlord returned $2,000 but withheld $1,500, claiming expenses for food and lost rent. The Board determined that since no tenancy agreement was formed, the retention of the funds was unlawful.

The ruling

The Landlords are ordered to pay the Tenant $1,548.00 by November 1, 2025. This includes the $1,500.00 unlawfully withheld from a deposit and the $48.00 application filing fee. If payment is not made by the deadline, interest will accrue at 4% annually.