Last updated: October 13, 2024
Ordered by Nicole Pedron,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$1,336
to Tenants
Agree with the ruling?
Citation: Dakwar v Homestead, 2024 ONLTB 28063
File Number: LTB-T-090415-23
Application Date
Nov 2023
Hearing Date
Apr 2024
Order Date
May 15, 2024
The Tenants proved that parking was included in the rent based on an oral agreement with the Landlord's agent when the tenancy began. The November 2023 rent increase of $190 for parking was therefore illegal, and the Landlord must pay the Tenants a rebate of the illegally collected rent.
Tenants applied for a reduction in rent due to an illegal rent increase for parking charges. The Landlord claimed parking was not included in the rent unless there was a specific parking addendum, which there was not. The Tenants argued that parking was included in the rent based on an oral agreement with the Landlord's agent when they signed the lease.
Landlord argued that if parking was included in the rent, there would have been a parking addendum attached to the tenancy agreement.
Landlord claimed parking was not included in the rent unless there was a specific parking addendum, which there was not.
Tenants argued that parking was included in the rent based on an oral agreement with the Landlord's agent when they signed the lease.
Tenants were provided with two parking spots and parking passes at the start of the tenancy in December 2020. Tenants were not charged for parking until November 2023 when the Landlord indicated an additional fee would be charged.
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Lawful Rent
$1,940
Application Fee
$53
Ordered Amount
$1,336 (to Tenants)
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