Judek v Bicycle Properties

Tenant wins · Toronto · 2025-06-19

Adjudicator

Nicole Pedron

Dispute

Illegal Rent/Charges, Tenant-initiated Termination

Notice

Tenant's Notice to End the Tenancy (N9)

Amount

<$5K

Landlord

Bicycle Properties

Tenant

L.J.

What happened

The Tenant applied for an order that the Landlord illegally retained money. The Tenant had requested to assign the tenancy, but the Landlord did not respond. Consequently, the Tenant served a 30-day notice to terminate (N9) for mid-month, July 15, 2024, and vacated. The Landlord failed to refund the pro-rated portion of the last month's rent for the remainder of July and did not pay interest on the deposit. The Landlord was absent from the hearing.

The ruling

The Landlord is ordered to pay the Tenant $1,059.64. This amount consists of the illegally retained portion of the last month's rent ($973.12) after the Tenant lawfully terminated the tenancy mid-month, plus interest on the deposit ($38.52) and the application fee ($48.00). The termination was deemed lawful because the Landlord failed to respond to the Tenant's request to assign the tenancy. The Tenant's request for pre-judgment interest was denied as the Board lacks the authority to award it.