RHYMER v 112 St. Joseph’s Inc.

Landlord wins · Hamilton · 2025-10-21

Adjudicator

Melissa Anjema

Dispute

Illegal Charges Or Deposits, Jurisdiction

Landlord

112 St. Joseph’s Inc.

Tenant

N.R., A.H.

Landlord rep

Jessica Travers

What happened

The Tenants applied for an order determining that the Landlord collected or retained money illegally. The Tenants had signed a lease and paid first and last month's rent but refused to move into the unit, claiming it was not as advertised and contained several deficiencies. They also rejected an alternative unit offered by the Landlord. The Tenants sought the return of their rent payments, which the Landlord refused. The Landlord argued that because the Tenants never took possession of the unit, no landlord and tenant relationship was established and the Board lacked jurisdiction.

The ruling

The application is dismissed because the Landlord and Tenant Board lacks jurisdiction. Since the Tenants never took possession of the rental unit, no landlord and tenant relationship was established. The dispute regarding the return of the deposit based on alleged misrepresentation of the unit is a matter of contract law for the courts rather than the LTB.