Landlord Wins Rent Increase Dispute: Deruz v McGarvey 2023
Mississauga landlord's rent increase upheld by LTB after tenant challenge
Summarized by RentZenLast updated: September 12, 2024
Case Summary
322 Lakeshore Road West, Mississauga, ON L5H1G8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Jul 2023
Order Date
Oct 16, 2023
Dispute Summary
Tenants claimed that the Landlord collected or retained money illegally by increasing their monthly rent without providing the required notice. The Landlord opposed the application.
Determinations
- Landlord served valid NORI on January 2, 2020
- Rent increase effective April 1, 2020 was valid
Case Study
The Landlord's Agent delivered the Notices of Rent Increase (NORI) to the Tenants' mailboxes on January 2, 2020, providing the Tenants with the appropriate 90-day notice under the Act. The Tenants' evidence was circumstantial, while the Landlord's Agent's testimony was supported by contemporaneous records.
Arguments and Actions
Landlord
Arguments
Landlord argued that the application should be dismissed because it was not filed within the one-year limitations period under the Act.
Actions
Landlord's Agent testified that she delivered the NORIs to the Tenants' mailboxes on January 2, 2020, the same day she dated the NORIs. She provided supporting evidence from her 407 Transponder record and agenda book.
Tenant
Arguments
Tenants argue that since they did not discover the NORI on January 2, 2020, the Landlord failed to provide the required 90-day notice prior to the effective date of the rent increase.
Actions
Tenants state they discovered the NORI on January 3, 2020 or a later date, and that they have a regular practice of checking their mail daily.
Decision Summary
The Tenants' application is dismissed. The Landlord did not collect rent in excess of the amount allowed by the Act. The Landlord's Agent delivered the NORIs to the Tenants on January 2, 2020, providing the Tenants with the appropriate notice under the Act.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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