Tenant Wins Rent Increase Dispute: McNinch v Arlt 2024
Tenant avoids eviction in Gananoque rent dispute after Landlord fails to properly serve rent increase notice
Summarized by RentZenLast updated: August 6, 2024
Case Summary
95 Tanner Street, Gananoque, ON K7G2P3
Decision in favor of
tenant
Balance Owed to Landlord
$2,781
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
May 6, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears.
Determinations
- Landlord failed to serve proper notice of rent increase
- 2023 rent increase is void
- Tenant's request for review is granted
- Tenant shall pay $2,781.00 in arrears and costs
- Tenant shall pay $154.50 per month for 18 months to pay off arrears
- Tenant shall also pay monthly rent in full
- If Tenant fails to make any payment, Landlord may apply for eviction
Case Study
The presiding Member failed to make any inquiries regarding whether the Landlord had served a proper notice of rent increase, despite the Tenant raising objections about the amount of outstanding arrears. The 2023 rent increase is void as the Landlord failed to serve a notice of rent increase 90 days prior. The Tenant's request for review is granted, and the order is cancelled and replaced.
Arguments and Actions
Landlord
Procedural Errors
Landlord failed to serve proper notice of rent increase
Tenant
Arguments
Tenant objected to the amount of outstanding arrears, arguing that the 2023 rent increase was not properly served.
Decision Summary
The Tenant's request for review is granted. The Tenant shall pay $2,781.00 in arrears and costs by paying $154.50 per month for 18 months, and also pay the monthly rent in full. If the Tenant fails to make any payment, the Landlord may apply for eviction.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Rent Arrears
$2,595
Application Fee
$186
Total Owing
$2,781 (Owed to Landlord)
Source
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