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Jessica
Consultant
JJL11, Expert
Hello - My name is ***** ***** I'm happy to assist you today. I am an Ontario lawyer who can answer tenancy law questions.
Do you have a hearing date coming at at the LTB ?
JJL11, Expert
Can you give me more details about your case ?
JJL11, Expert
What date did you move out ? What date was your lease supposed to end ? Did you file your application to the LTB before you moved out or afterwards ? Do you have a text or email from you landlord about giving you back your last month's rent ?
JJL11, Expert
Which type of application did you file at the Board for refund of this last month's rent ?
JJL11, Expert
I think you should have filed a TI Tenant Application For Rebate of Money the Landlord Owes
What were the grounds you used for your T2 for the refund of your last month's rent ?
JJL11, Expert
I see - A T2 is an application made by tenants for problems such as illegally entering rental unit, harassment or threatening behaviour by the landlord towards you or withholding vital services.
Here is a link from the LTB's website about the T2 and the grounds you can use and the remedies you can ask for.
The most suitable ground you can rely on for the T2 would that your landlord harassed you and your brother when you were trying to get your money back. It is good that you have the texts about the refund which you can use as evidence at the hearing.
JJL11, Expert
Illegally entering your property applies when you are still living in your unit and your landlord enters your unit without giving you notice and getting your permission.
JJL11, Expert
In your case, you had moved out already when you return the key so this reasons would not apply to your case.
Legally speaking, you are supposed to give 60 notice to vacate a rental unit so your landlord should keep that last month's rent. So having evidence of the agreement you made about him agreeing to refund last months' rent to you is very important.
JJL11, Expert
Since you had a lease which did not end until March 21, you would have had to give notice on January 21 that you would be vacating on March 21.
If you moved out earlier than March 21, legally, you are still responsible for the rent until March 21 according to your rental agreement and that is why your landlord's agreement to let you off the hook for the last month's rent is very important.
JJL11, Expert
However, you do have the text from the broker about you getting a refund once the new tenant moves in and your texts to your landlord about your agreement.
JJL11, Expert
You can use these texts in addition to the text from the broker.
Since you filed the application, you should go to the hearing and argue your case with the evidence you have and let the Board decide what to do with your case. Usually if you go unrepresented, as many applicants do before the LTB, the Board member is usually more helpful and will explain the law to you.
Since you are not asking for a lot of money back from the landlord, I do not know if it is worth it to hire someone. Since you speak English, you should be able to go the hearing yourself. The hearings are not confrontational because the Board member controls this. You can bring along a friend to help speak on your behalf if you want.
I cannot tell you how much lawyers or paralegals charge for these types of case because each lawyer sets their own hourly rate.
JJL11, Expert
You are very welcome.
You can have a friend beside you during the hearing to help you speak if you freeze up. The Board member or adjudicator doing the hearing is used to having unrepresented applicants who are nervous so he or she will guide you through the hearing.
JJL11, Expert
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Take care