Last updated: January 12, 2025
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$1,000
to Landlord
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Citation: Tong v Zhou, 2024 ONLTB 66357
File Number: LTB-T-010716-23
Application Date
Apr 2022
Hearing Date
Mar 2024
Order Date
Sep 11, 2024
The Landlord illegally increased the rent by $800 per month for 5 months, which the Tenants are entitled to be reimbursed. The Landlord also illegally entered the rental unit on 4 occasions without proper notice, for which the Tenants are entitled to a $1,000 rent abatement. However, the Tenants' claim for general damages was denied. The Landlord is entitled to $1,000 for an insurance deductible due to water damage caused by the Tenants' negligence in not reporting the leak sooner. The net amount owed to the Tenants is $4,017.
The Tenants filed applications claiming the Landlord illegally entered the rental unit, failed to meet maintenance obligations, and charged illegal rent increases. The Landlord filed an application to terminate the tenancy and evict the Tenants due to substantial interference and property damage. The key issues were the scope of the rental unit, the legality of the Landlord's entries, the rent increase, and the Landlord's claim for out-of-pocket expenses.
Basement was not part of rental unit, rent increase was lawful, and Tenants were negligent in not reporting water leak sooner.
Landlord entered rental unit without proper notice on 4 occasions to investigate and repair water leak.
N5 notice did not properly identify rental unit
Tenants used basement for storage, but did not physically reside there.
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Lawful Rent
$3,200
Application Fee
$239
Other Amount
$1,000
Insurance deductible
Ordered Amount
$1,000 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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