NEARING v Thompson

Tenant wins · Oshawa · 2025-11-19

Adjudicator

Panagiotis P. Roupas

Dispute

Illegal Act, Tenant Rights

Amount

<$5K

Landlord

B.T., Rockview Properties

Tenant

D.N.

Landlord rep

Anthony Mitri

Tenant rep

Shelly Robinson, Brad Nearing

What happened

The Tenant filed a T1 application alleging that the Landlord collected and retained money illegally. The tenancy ended by mutual consent on September 4, 2024, after which the Ontario Disability Support Program (ODSP) inadvertently paid an additional month's rent of $863.69 to the Landlord. The Landlord refused to return the funds, citing lack of notice and alleged damages, despite not filing any formal application for damages with the LTB.

The ruling

The Landlord is ordered to pay the Tenant $863.69 by November 30, 2025. This amount represents an illegal charge collected by the Landlord after the tenancy had ended by mutual consent. If the Landlord fails to pay on time, interest will accrue at a rate of 4.00% annually starting December 1, 2025.