Last updated: January 12, 2025
Ordered by John Cashmore,Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$653
to Tenants
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Citation: Dempster v Tonon, 2024 ONLTB 67679
File Number: LTB-T-009471-24
Application Date
Jan 2024
Hearing Date
Sep 2024
Order Date
Sep 16, 2024
The Landlord's rent increase from $1,800 to $1,850 without proper notice under the Residential Tenancies Act is void. The Landlord must pay the Tenants $600 for the excess rent collected. The Tenants' claim for the remaining $500 damage deposit is denied as it was filed more than 1 year after the deposit was retained.
Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord increased the monthly rent from $1,800 to $1,850 without providing the required 90-day written notice. The Tenants also sought the return of a $500 portion of the $1,000 damage deposit that the Landlord had retained.
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Lawful Rent
$1,800
Application Fee
$53
Rent Deposit
$1,800
Other Amount
$500
Remaining damage deposit
Ordered Amount
$653 (to Tenants)
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