Last updated: October 13, 2024
Ordered by Ilan Shingait,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$6,793
to Tenant
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Citation: Holmes v Hvaschevska, 2024 ONLTB 20506
File Number: LTB-T-032325-23
Application Date
Apr 2023
Hearing Date
Mar 2024
Order Date
Mar 27, 2024
The Landlord collected rent in excess of the amount allowed by the Residential Tenancies Act. The Landlord must pay the Tenant $6,793, which includes $6,740 for the excess rent collected and $53 for the cost of filing the application.
Tenant applied for an order determining that the Landlord collected or retained money illegally. The Tenant alleged that the Landlord increased the rent without proper notice and in violation of the Residential Tenancies Act.
The Landlord argued that the tenancy was a series of short-term agreements, not a single fixed-term lease, and that the Tenant agreed to the rent increases.
Landlord claimed the initial rent was $2,200/month but discounted to $1,680/month for the first period, and that the Tenant voluntarily agreed to the subsequent rent increases.
Landlord failed to provide proper notice of rent increases as required by the Residential Tenancies Act.
The Landlord failed to provide proper notice of rent increases as required by the Residential Tenancies Act.
Tenant paid rent in advance for the period of November 15, 2021 to April 30, 2022, and then paid increased rent of $2,125/month from May 1, 2022 to August 31, 2022, and $2,300/month from September 1, 2022 to April 30, 2023.
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Lawful Rent
$1,680
Application Fee
$53
Other Amount
$6,740
Excess rent collected
Ordered Amount
$6,793 (to Tenant)
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