Shoriwa v Torres

Tenant wins · Niagara Falls · 2024-11-29

Adjudicator

Julia Toso

Dispute

Illegal Charges, Termination of Tenancy

Amount

<$5K

Landlord

R.T., C.P.P.P.

Tenant

F.S.

What happened

Tenant applied for an order determining that Landlords collected or retained money illegally. The Tenant claims that the tenancy was all inclusive of utilities, but the Landlords began requiring the Tenant to pay 30% of utilities, the Landlords did not apply the last month's rent deposit to the final month of the tenancy, and the Landlords asked the Tenant to move out so the Landlord's mother could move in without providing one-month's compensation.

The ruling

The Tenant proved the allegations in the application on a balance of probabilities. The Landlord must reimburse the Tenant $1,128.45 for excess utilities, return $637.96 for the last month's rent deposit, and pay $1,300 as compensation for terminating the tenancy.