Landlord kept half of my advance after move-out and started giving new reasons months later – do I have a case?
I’m in Ontario and had a standard lease agreement with my landlord. After the fixed term ended, the tenancy continued month-to-month. I did not share kitchen or bathroom with the landlord.
My advance/last month deposit was $2200 and after moving out I only received $1100 back. My landlord is still holding around $1100.
I vacated on Feb 28. For around 2.5 months after moving out, he kept saying he would return the remaining money. Only later did he start giving different reasons for deductions.
The lease says utilities are landlord responsibility. There is no written clause about me paying utilities above $100. Now he is claiming there was a verbal understanding from the beginning that I had to pay overages above $100, even though:
- no monthly overages were ever billed to me,
- no pending balances were discussed during the tenancy,
- and this was only raised after I moved out.
Other points:
- Lease mentions rent as $2250, but we mutually agreed to $2200 and I paid that amount consistently for ~1.5 years without issue.
- I informed them in November that I may move out in January. They asked me to stay longer because of holidays and difficulty finding tenants.
- They involved a realtor and we mutually coordinated the move-out timeline based on finding a replacement tenant.
- Move-out dates kept changing based on their tenant search and my travel plans.
- They are now also bringing up additional reasons for deductions that were never previously discussed.
Do I realistically have grounds to challenge this through the LTB or Small Claims Court? Or would this likely be considered too informal/verbal to succeed?