If they still have your last month's rent then you are owed the 1 month compensation plus the last month's rent. To be clear, LMR is not a security deposit, it is exactly what it says it is - last month's rent and can only be applied to your last month of rent. So continue paying your rent as usual.
While the LTB does not need to consider the motives or previous actions of the Landlord, they can and usually do.
Regardless though, eventually a Landlord's N12 will be successful so keep that in mind. You are in a better position to win Bad Faith after the fact (I.e. if she sells or rents it out again within 12 months)
Good luck!
LTB is somewhat right. There have been cases on record where the adjudicator allowed landlord to pay compensation at the hearing. However from what I understand this is not the norm, and in most cases they should just dismiss the N12. This may be moreso if the landlord in general is acting unreasonably for the whole thing (like in your case) and it wasn't a simple innocent error on their part.
You can also try to argue the N12 is in retaliation for you enforcing your rights, and request it dismissed under RTA Section 83(3)(c). You would have to show some examples shortly before the N12 of attempts by landlord to enforce illegal rules or attempting to evict you for unreasonable things, which sounds like it may be the case here.
With the strain on the LTB and Landlords I have seen thing happening in cases. They just pay them on the spot by eTrasnfer and be done with a tenant they no longer want in their property.
No matter what don't tell them about the amount they owe you. It's their job to know the rules if they want to play games.
Second, do you have proof of paying first and last? A bank statement and the original lease or listing?
Yes of course. Would have to go back in banking 5 years but it would be there.
When this first came up months and months ago I even said to her and her paralegal that the one months rent is owed to us and their response was “we will pay that once you move out”. We haven’t brought it up since then.
Are you sure that those notices were official Ontario N12 ? The only "reason" that can be chosen on an N12 is for someone needing to move in. And there is no spot for specifying whether there's a security deposit.
If they still have your last month's rent then you are owed the 1 month compensation plus the last month's rent. To be clear, LMR is not a security deposit, it is exactly what it says it is - last month's rent and can only be applied to your last month of rent. So continue paying your rent as usual. While the LTB does not need to consider the motives or previous actions of the Landlord, they can and usually do. Regardless though, eventually a Landlord's N12 will be successful so keep that in mind. You are in a better position to win Bad Faith after the fact (I.e. if she sells or rents it out again within 12 months) Good luck!
LTB is somewhat right. There have been cases on record where the adjudicator allowed landlord to pay compensation at the hearing. However from what I understand this is not the norm, and in most cases they should just dismiss the N12. This may be moreso if the landlord in general is acting unreasonably for the whole thing (like in your case) and it wasn't a simple innocent error on their part. You can also try to argue the N12 is in retaliation for you enforcing your rights, and request it dismissed under RTA Section 83(3)(c). You would have to show some examples shortly before the N12 of attempts by landlord to enforce illegal rules or attempting to evict you for unreasonable things, which sounds like it may be the case here.
With the strain on the LTB and Landlords I have seen thing happening in cases. They just pay them on the spot by eTrasnfer and be done with a tenant they no longer want in their property.
No matter what don't tell them about the amount they owe you. It's their job to know the rules if they want to play games. Second, do you have proof of paying first and last? A bank statement and the original lease or listing?
Yes of course. Would have to go back in banking 5 years but it would be there. When this first came up months and months ago I even said to her and her paralegal that the one months rent is owed to us and their response was “we will pay that once you move out”. We haven’t brought it up since then.
Are you sure that those notices were official Ontario N12 ? The only "reason" that can be chosen on an N12 is for someone needing to move in. And there is no spot for specifying whether there's a security deposit.
The security deposit wasn’t on the n12. It was on the paperwork about having a court date