Bhagwan v Shah

Tenant wins · Oakville · 2025-09-22

Adjudicator

Camille Tancioco

Dispute

Bad Faith Eviction, Illegal Charge

Notice

Personal use (N12)

Amount

<$5K

Landlord

S.S.

Tenant

P.T.B.

What happened

The Landlord requested a review of an order dated September 8, 2025, which found the Landlord had illegally retained $2,650.00. This amount was intended as compensation related to an N12 Notice for personal use, though an N11 agreement was subsequently signed. The Landlord argued that they should be allowed to retain the money due to alleged damages caused by the Tenant and also disputed a finding regarding the last month's rent deposit. The LTB member conducted a preliminary review to determine if a serious error had occurred.

The ruling

The Landlord's request for a review of the order LTB-T-093891-24 is denied. The Board confirmed that the Landlord cannot withhold mandatory compensation (initially agreed upon due to an N12 notice) to pay for alleged damages. The original order requiring the Landlord to pay the Tenant $2,650.00 remains in full force.