Evictly

Amiraco Properties Inc v Kriz

Landlord wins · Windsor · 2025-11-17

Adjudicator
Rachel Gibbons
Dispute
Breach of Conditions, Substantial Interference
Notice
Substantial interference (N5)
Amount
<$5K
Landlord
Amiraco Properties Inc
Tenant
S.K.
Landlord rep
Charlotte Williams
Tenant rep
Christopher Hall

What happened

The Landlord applied to terminate the tenancy and evict the Tenant, alleging substantial interference with reasonable enjoyment. The primary issue was the Tenant's installation of an air conditioning unit without consent and the subsequent failure to pay seasonal AC fees for 2022, 2023, and 2024. The Tenant argued that the AC was installed with the previous landlord's permission in 2017 and that electricity was included in the rent. The Landlord also alleged unpaid NSF fees and failure to provide insurance, though no evidence was provided for these claims.

The ruling

The application for eviction was denied as the AC fee arrears had been settled via internal rent adjustments. However, the Landlord's right to charge seasonal fees for the air conditioner was upheld. The Tenant was ordered to pay the Landlord $186.00 to cover the application filing fee.