Kucharzyk v Sarkanovic

Tenant wins · Toronto · 2025-11-28

Adjudicator

Jane Dean

Dispute

Illegal Charges, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

D.S.

Tenant

A.K.

What happened

The Tenant applied for an order (T1) determining that the Landlord collected or retained money illegally, specifically regarding an unreturned key deposit and failure to pay compensation following a notice for personal use. The Landlord did not attend the hearing. The LTB found that while the Landlord did not use the formal N12 form, a text message sent to the Tenant substantially complied with the notice requirements for personal use by the Landlord's son. Consequently, the Landlord was required to pay one month's rent compensation and return an illegal key deposit.

The ruling

The Landlord is ordered to pay the Tenant $2,048.00 by December 9, 2025. This includes $1,700.00 for compensation related to the personal use notice, $300.00 for the return of an illegal key deposit, and $48.00 for the filing fee. If payment is not made on time, interest will accrue at 4% per year.