Landlord Ordered to Pay Tenant $550 for Illegal Rent Increase - Grodzinski v B&N Property Management 2023
Landlord ordered to pay tenant $550 for illegal rent increase, other tenant claims dismissed
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1549 Maxime Street, Gloucester, ON K1B3K9
Decision in favor of
landlord
Balance Owed to Tenant
$550
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2021
Application Date
Jun 2022
Hearing Date
Jun 2023
Order Date
Jul 6, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord and Landlord's Agent collected or retained money illegally. Specifically, the Tenant claimed the Landlord charged an illegal rent increase, failed to return the last month's rent deposit, and misappropriated the Tenant's washing machine.
Determinations
- Landlord collected illegal rent increase from July 1, 2020 to September 30, 2021
- Landlord did not illegally retain last month's rent deposit
- Tenant's claim for washing machine misappropriation dismissed
Case Study
The rent increase of $50 per month from July 1, 2020 to September 30, 2021 was found to be illegal as the proper process under section 121 of the Residential Tenancies Act was not followed. The Tenant is entitled to recover $550 for the illegal rent increases collected within one year of the application. The Landlord did not illegally retain the last month's rent deposit as the tenancy terminated on December 31, 2022 and the deposit was applied to that month. The Tenant's claim for the washing machine was dismissed as the Landlord did not sell it and the Tenant did not incur any expenses related to it.
Decision Summary
The Landlord is ordered to pay the Tenant $550 for the illegal rent increases collected from October 20, 2020 to October 20, 2021, as well as $53 for the cost of filing the application. The Tenant's claims regarding the last month's rent deposit and the washing machine were dismissed.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$975
Application Fee
$53
Rent Deposit
$975
Total Owing
$550 (Owed to Tenant)
Source
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