Limitations - Re: Recovery of LMR (RTA)

CET-60434-16 (Re), 2016 CanLII 88084 (ON LTB)

24. The Landlord testified that a $500.00 damage deposit was collected and was not returned to the Tenants. The Tenants claim the deposit was collected in June or July 2014.

25. The Landlord collected a security deposit contrary to section 105(1) of the Act which provides that the only deposit a landlord may collect is a rent deposit.

26. The one year limitation period under section 135(4) does not apply to the security deposit that continues to be retained by the Landlord.