Tenant Wins Illegal Rent Increase Dispute: Kalinowska v 2533722 Ontario Inc

Dispute Summary

Tenant applied for an order determining that the Landlords have collected or retained money illegally. The Landlords argued that the Residential Tenancies Act, 2006 did not apply to the Tenant's housing because the Tenant shared a kitchen and bathroom with other tenants, but the Tribunal determined that such sharing does not remove the tenancy from those governed by the Act. The Landlords also represented that a historical rent increase was a 'guideline' increase when it was not. However, the Tribunal found that the Landlords have not collected or retained money illegally, but not for lack of trying.

Determinations

• Residential Tenancies Act, 2006 applies despite shared kitchen and bathroom
• Landlords misrepresented a rent increase as a 'guideline' increase when it was not
• Landlords have not collected or retained money illegally, but not for lack of trying

Arguments and Actions