Evictly

Aparicio v Pahk

Tenant wins · North York · 2025-09-05

Adjudicator
Julie Broderick
Dispute
Illegal Charge
Notice
Notice of termination (N9)
Amount
<$5K
Landlord
W.P., H.S.P., R.C.
Tenant
C.A.
Tenant rep
Rebecca Ward

What happened

The Tenant applied for the return of $3,600 paid to the Landlords for first and last month's rent. The Tenant decided not to move in and terminated the tenancy using an N9 notice after the Landlords refused to permit a general assignment. The Landlords re-rented the unit within 6 days but attempted to keep the full deposit to cover real estate agent fees and the vacancy period.

The ruling

The Landlords are ordered to pay the Tenant $3,244.98 by September 16, 2025. This amount includes $1,800.00 for the illegally collected first month's rent deposit and $1,444.98 for the remaining portion of the last month's rent deposit after deducting 6 days of vacancy rent.