Mahon v Parkbridge: Rent Increase Dispute in Mobile Home Park
LTB rules landlord legally increased mobile home site rent from $249 to $600
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 7489 Sideroad 5 East, Mount Forest, ON N0G2L0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
May 2024
Order Date
May 24, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord collected or retained money illegally by increasing rent from $249.16 to $600.00 after the previous tenant's death and subsequent mobile home sale.
Determinations
- Prior tenancy not terminated by death due to mobile home ownership
- No formal lease assignment occurred
- New tenancy created on June 1, 2023
- Lawful rent is $600.00 as first charged to new tenants
Case Study
Determination of whether rent increase was legal under Residential Tenancies Act, focusing on tenancy continuity after previous tenant's death and mobile home sale.
Arguments and Actions
Landlord
Arguments
Landlord argued that prior tenancy was extinguished when mobile home was sold, creating a new tenancy
Actions
Landlord purchased mobile home from previous tenant's estate and renovated before selling to current tenants
Tenant
Arguments
Tenants argued that original tenancy terms continued and rent increase was prohibited under section 165
Actions
Tenants disputed rent increase and began paying original rent of $249.16 from October 1, 2023
Decision Summary
Application dismissed. The Landlord did not collect or retain money illegally. A new tenancy was created on June 1, 2023, with a lawful rent of $600.00.
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$600
Source
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