Tenants Win Illegal Rent Increase Case: Saleh v Awad 2024
Mississauga tenants win $4253 refund from landlord for illegal rent hike
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5592 Meadowcrest Avenue, Mississauga, ON L5M0V1
Decision in favor of
tenant
Balance Owed to Tenants
$4,253
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Mar 2024
Order Date
Mar 19, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord collected or retained money illegally by increasing the rent without proper notice. The Landlord increased the rent from $2,000 to $2,700 per month effective October 2021 without serving the required 90-day Notice of Rent Increase.
Determinations
- Landlord increased rent from $2,000 to $2,700 per month effective October 2021 without proper notice
- Rent increase exceeded the 0% guideline for 2021
- Tenants paid the illegal rent increase for 9 months before moving out
- Tenants felt they had no choice but to accept the illegal rent increase
Case Study
The Landlord increased the rent from $2,000 to $2,700 per month effective October 2021 without serving the required 90-day Notice of Rent Increase, as required by the Residential Tenancies Act. The rent increase also exceeded the 0% guideline increase for 2021. The fact that the Tenants signed a new lease containing the illegal rent increase does not make it lawful.
Arguments and Actions
Tenant
Actions
Tenants felt they had no choice but to accept the illegal rent increase to maintain the tenancy for the remainder of the school year.
Decision Summary
The Landlord collected $5,600 in excess rent from the Tenants over 9 months. The Board ordered the Landlord to pay the Tenants $4,253, which includes $4,200 in excess rent collected and the $53 application fee.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,000
Application Fee
$53
Other Owed Amount
$4,200
Excess rent collected
Total Owing
$4,253 (Owed to Tenants)
Source
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