Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$15,045
to Landlord
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Citation: Hazelview Property Services Inc v Matsui, 2024 ONLTB 19954
File Number: LTB-L-034715-22
Application Date
Jun 2022
Hearing Date
Jan 2024
Order Date
Mar 20, 2024
The Landlord's application is dismissed. The Landlord did not properly apply the rent discount rules under the Residential Tenancies Act. The $900 per month rent became the lawful rent after the 12-month period, and the Landlord cannot charge more than that without proper notice.
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
The rent reduction was a deferral, not a discount, and the Tenant is still responsible for the full rent amount.
Landlord allowed temporary reduction in rent to $900 per month during the pandemic, but did not serve an N4 Notice or inform the Tenant of the arrears.
Landlord did not follow the prescribed rules for rent discounts under the Residential Tenancies Act.
The $900 per month rent became the lawful rent after the 12-month period, and the Landlord cannot charge more than that without proper notice.
Tenant paid $900 per month from April 2020 to August 2021, a total of 17 months.
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Lawful Rent
$900
Rent Arrears
$15,289
Rent Deposit
$1,614
Deposit Interest
$244
Ordered Amount
$15,045 (to Landlord)
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