Maile-Robert v Burnett

Tenant wins · Fort Erie · 2025-04-24

Adjudicator

Dale Whitmore

Dispute

Illegal Charges, Maintenance, Withholding Vital Services

Amount

$10-20K

Landlord

D.D.O.D.B.

Tenant

K.M.

Tenant rep

Barrett Beaudoin

What happened

The Tenant applied for the return of a 12-month rent deposit after discovering the rental unit was in a state of disrepair and lacked heat, contradicting the online photos. A previous LTB order dismissed the case claiming no jurisdiction due to 'no meeting of the minds,' but the review member found this was a legal error. The Tenant sought reimbursement for the deposit, motel costs, and storage fees.

The ruling

The LTB granted the review, cancelled the previous dismissal, and ordered the Landlord to pay the Tenant $12,357.68. This includes the return of a $10,800.00 deposit, $1,200.00 for motel costs, $309.68 for storage, and the $48.00 filing fee. The tenancy was retroactively terminated due to the Landlord's failure to provide heat and the uninhabitable condition of the unit.