Amiraco Properties Inc v Kriz
Landlord wins · Windsor · 2025-11-17
- Adjudicator
- Rachel Gibbons
- Dispute
- Breach of Conditions, Substantial Interference
- Notice
- Substantial interference (N5)
- Amount
- <$5K
- Landlord
- Amiraco Properties Inc
- Tenant
- S.K.
- Landlord rep
- Charlotte Williams
- Tenant rep
- Christopher Hall
What happened
The Landlord applied to terminate the tenancy and evict the Tenant, alleging substantial interference with reasonable enjoyment. The primary issue was the Tenant's installation of an air conditioning unit without consent and the subsequent failure to pay seasonal AC fees for 2022, 2023, and 2024. The Tenant argued that the AC was installed with the previous landlord's permission in 2017 and that electricity was included in the rent. The Landlord also alleged unpaid NSF fees and failure to provide insurance, though no evidence was provided for these claims.
The ruling
The application for eviction was denied as the AC fee arrears had been settled via internal rent adjustments. However, the Landlord's right to charge seasonal fees for the air conditioner was upheld. The Tenant was ordered to pay the Landlord $186.00 to cover the application filing fee.