Boardman v Ahan

Landlord wins · North York · 2025-10-23

Adjudicator

Rachel Gibbons

Dispute

Illegal Charge

Landlord

A.A.

Tenant

R.B.

What happened

The Tenant applied for the return of $100.00 paid to the Landlord as a deposit to view a rental unit. The Tenant discovered the unit on Kijiji and was given a digital tour. The Landlord requested a $250.00 deposit to allow an in-person viewing and drafted an 'intent to rent' document. When the Tenant asked for the Landlord's identification before paying more, the Landlord became agitated and refused. The Tenant decided not to proceed and requested a refund, which the Landlord denied. The Board found that since no tenancy agreement was entered into and the payment was specifically for a viewing, it did not constitute a rent deposit under the Act.

The ruling

The Tenant's application for the return of $100.00 is dismissed. The Board determined that the payment was a fee to view the property and that no tenancy agreement existed between the parties, placing the matter outside the jurisdiction of the Residential Tenancies Act.