Bomans v Jalili

Tenant wins · Niagara Falls · 2024-01-22

Adjudicator

Dana Wren

Dispute

Illegal Fees

Notice

N9

Amount

<$5K

Landlord

P.J., Adria Retirement Inc

Tenant

T.E.O.N.B.

Tenant rep

Tom Airth

What happened

The Tenant's estate applied for an order determining that the Landlord collected or retained money illegally. The Tenant passed away on November 30, 2022, and the Landlord was notified verbally and by an N9 notice. The Landlord was required to stop providing care services and meals within 10 days as per the Residential Tenancies Act, but the Landlord continued to charge fees beyond that period.

The ruling

The Landlord is required to pay the Tenant's estate $1,035.51 for excess service fee collection and $53.00 for the cost of filing the application. The Landlord must pay the full amount by February 2, 2024, and will owe interest at 7% annually on any outstanding balance after that date.