Windsor Landlord Fined $12,000 for Residential Tenancies Act Violation

October 27, 2022

Municipal Affairs and Housing

Convicted: MARDA Management Inc.

Location: Windsor

Description of Offence: Failing to afford a tenant a right of first refusal

Date of Offence: March 8 – November 2, 2021

Date of Conviction: October 24, 2022

Penalty Imposed:

• Following a guilty plea, MARDA Management Inc. was fined $12,000 in Windsor by Justice of the Peace Salma Jafar.
• The court also imposed a 25 per cent victim fine surcharge ($3,000) in accordance with the Provincial Offences Act.

Background:

• MARDA Management Inc. was the property manager of a residential rental apartment building in Windsor.
• In early 2021, MARDA Management Inc. gave a tenant in the building notice to end their tenancy because the owner of the building intended to do extensive repairs and renovations.
• Tenants have a “right of first refusal” to move back into the rental unit once renovations are complete if they give written notice to the landlord before moving out. The rent when the tenant moves back in must be the same as if there had been no interruption in the tenancy.
• The tenant gave written notice that they wanted to move back into their unit once the repairs and renovations were complete.
• In October 2021, once the renovations to the unit were completed, MARDA Management Inc. rented the unit to a new tenant at more than double the previous rent. MARDA Management Inc. did not provide the previous tenant with the opportunity to move back into the unit at the same rent.
• The owner of the building, 2793530 Ontario Inc., previously pleaded guilty on September 12, 2022 and was fined $15,000.