Dillon v Azzi

Tenant wins · Ottawa · 2025-10-22

Adjudicator

Melissa Anjema

Dispute

Illegal Retention Of Money, Tenant Rights

Notice

Tenant-initiated Termination (N9)

Amount

<$5K

Landlord

E.A.

Tenant

F.D., J.P.

What happened

Tenants applied for an order determining that the Landlord illegally retained their last month's rent deposit and interest. The Tenants moved out on March 31, 2025, after paying full rent for March. The Landlord withheld the deposit, claiming the Tenants failed to provide proper 60-day notice and seeking to offset costs for excessive water use and garbage removal. The Board found the parties had reached an agreement to end the tenancy early when the Landlord secured a replacement tenant for April 1, 2025.

The ruling

The Landlord is ordered to pay the Tenants $2,058.91 by November 22, 2025. This amount includes the return of the $1,950.00 rent deposit, $60.91 in interest, and the $48.00 application filing fee. The Board ruled the Landlord had no legal right to withhold the deposit for alleged damages or insufficient notice, especially since a new tenant had been secured.