Landlord's Eviction Application Dismissed: Tenant Not Served Rent Increase Notice
Landlord's eviction application dismissed as tenant not properly served rent increase notice
Summarized by RentZenLast updated: July 26, 2024
Case Summary
3045 Queen Frederica Drive, Mississauga, ON L4Y 3A2
Decision in favor of
tenant
Balance Owed
$0
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2020
Order Date
Sep 2, 2020
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant denied receiving the Notice of Rent Increase (NORI) and was unaware of the rent arrears until receiving documents from the Landlord and Tenant Board.
Determinations
- Parties agreed monthly rent was $1,617.60 until February 29, 2020
- Landlord added parking charge in August 2020
- Rent increased to $1,653.18 effective March 1, 2020
- Tenant continued to pay $1,617.60 each month and paid parking charge
- Tenant denied receiving Notice of Rent Increase (NORI)
- Landlord could not provide direct evidence of NORI service
- Lawful monthly rent remained $1,617.60 with parking charge
Case Study
The Tenant was not served with a valid Notice to Increase the Rent, so the lawful monthly rent remained $1,617.60 with a parking charge added in August 2020. The Tenant was therefore not in arrears as of the date the Landlord served the N4 Notice of termination. Consequently, the Landlord's application must be dismissed.
Arguments and Actions
Landlord
Actions
Landlord's legal representative stated it was her understanding the Tenant had been served with the NORI, but could not provide direct evidence.
Tenant
Actions
Tenant denied receiving Notice of Rent Increase and was unaware of arrears until receiving documents from the Landlord and Tenant Board.
Decision Summary
The Landlord's application is dismissed as the Tenant was not in arrears due to not being served with a valid Notice of Rent Increase.
Adjudicator Details
LTB Member
Total Orders
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,618
Source
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