Shantiaee v Alishahi tabriz

Landlord wins · Toronto · 2025-11-18

Adjudicator

Panagiotis P. Roupas

Dispute

Illegal Charge, Substantial Interference, Tenant Rights

Notice

Rent Increase (N1)

Amount

<$5K

Landlord

S.A.T.

Tenant

S.S., A.F.

Landlord rep

Sarah Teal

Tenant rep

Mohsen S. Azimi

What happened

Tenants applied for a rebate of money and claimed substantial interference with their reasonable enjoyment. The dispute arose during negotiations to amend the lease following the tenants' separation. Tenant 1 provided $17,000.00 in prepaid rent as part of negotiations for a new lease term, but failed to execute the written agreement. Consequently, the Landlord withdrew the offer and treated the tenancy as a continuing month-to-month arrangement, eventually applying the prepaid funds to rent arrears when payments ceased.

The ruling

The Tenants' applications were largely dismissed. The Board determined that no new lease was formed because the Tenants failed to sign the negotiated agreement. As a result, the existing month-to-month tenancy continued. The lawful rent was set at $3,228.75 effective July 1, 2024. The $17,000.00 prepaid rent was correctly applied by the Landlord to cover arrears that accumulated during the dispute.