Yan v Gown Property Investments Limited

Landlord wins · Toronto · 2025-06-19

Adjudicator

Elena Jacob

Dispute

Illegal Charge

Landlord

Gown Property Investments Limited, 668308 Ontario Limited

Tenant

Z.Y.

Landlord rep

Victoria Orlandi

What happened

The Tenant applied for an order determining the Landlords had illegally collected rent. The Tenant's wife had signed a lease and prepaid six months' rent for a tenancy starting September 1, 2019, but the Tenant alleged they did not physically occupy the unit until March 1, 2020. They argued the prepaid rent should not have been applied to the period of non-occupancy. The Landlords contended that the tenancy began when vacant possession was granted on September 1, 2019, making the rent collection lawful.

The ruling

The Tenant's application is dismissed. The adjudicator determined the tenancy began on September 1, 2019, when the Landlords granted vacant possession, not when the Tenant physically moved in. Consequently, the Landlords' application of the prepaid rent was lawful. The application was also dismissed for being filed beyond the one-year statutory limitation period.