Landlord Wins Rent Increase Dispute: Hudema v Miedema 2024
Tenants' application to challenge rent increase dismissed as it was filed too late
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1 230 Marks Street South, Thunder Bay, ON P7E1M1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Aug 2024
Order Date
Aug 22, 2024
Dispute Summary
Tenants applied for an order determining that the landlord collected or retained money illegally by increasing the rent above the guideline. The landlord was not present at the hearing.
Determinations
- Rent increased above guideline on May 1, 2021
- T4 application filed more than 2 years after rent increase
- Application is statute barred and must be dismissed
- Landlord did not complete all promised renovations
Arguments and Actions
Tenant
Actions
Tenants have lived in the rental unit since 1997. Landlord's property manager presented them with an N10 Agreement to Increase the Rent Above the Guideline, which they signed. Rent increased from $666 to $950 on May 1, 2021, but not all promised renovations were completed.
Decision Summary
The Tenants' application is dismissed as it was filed more than two years after the rent increase above the guideline. The Board has no jurisdiction to consider this application.
Adjudicator Details
LTB Member
Total Orders
904
Landlord Favorable
88.6%
Tenant Favorable
1.6%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$666
Source
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