Amiraco Properties Inc. v Douglas
Tenant wins · Windsor · 2025-06-30
- Adjudicator
- Kate Sinipostolova
- Dispute
- Non-payment of Rent, Services And Facilities
- Notice
- Non-payment of rent (N4)
- Landlord
- Amiraco Properties Inc.
- Tenant
- W.D.
- Landlord rep
- Shieaba Sadat
- Tenant rep
- Justin Timms-Fryer
What happened
The Landlord applied to evict the Tenant for non-payment of rent, specifically regarding seasonal air conditioning (AC) charges. The case was heard de novo following a review request by the Tenant. While the Board found that AC charges can constitute rent via implied agreement, the Landlord failed to apply these charges in monthly installments and failed to provide evidence of the actual or reasonable cost of the electricity used.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board ruled that the seasonal air conditioning charges claimed as arrears were unlawful because they were not applied as monthly installments and the Landlord failed to justify the cost with evidence.