Mirzaei v Karbasi

Tenant wins · Richmond Hill · 2025-04-15

Adjudicator

Nicole Pedron

Dispute

Bad Faith Eviction, Illegal Charges, Last Month'S Rent

Notice

Personal use (N12), Tenant-initiated Termination (N9)

Amount

<$5K

Landlord

N.K.

Tenant

M.M., S.T.

Landlord rep

Bahman Roudgarnia

What happened

The Tenants (subtenants) applied for an order that their Landlord (sublandlord) illegally collected money. They claimed the Landlord collected illegal prepaid rent, improperly retained their last month's rent deposit, and owed compensation for serving an N12 notice for personal use. The tenancy was a subtenancy, and the Tenants had moved out on May 7, 2023, after providing an N9 notice in response to the Landlord's N12.

The ruling

The Landlord (sublandlord) is ordered to pay the Tenants (subtenants) a total of $374.32. This amount comprises $326.32 for the illegally withheld portion of the last month's rent deposit and $48.00 for the application filing fee. The Tenants' claims for illegally collected prepaid rent and for N12 compensation were dismissed. The prepaid rent claim was time-barred, and the N12 compensation claim was invalid because a sublandlord cannot legally issue an N12 notice.