Tenant Wins Illegal Rent Increase and N12 Compensation Case: Zeng v Sinnarajah 2024
Tenant awarded $3348 from Scarborough landlords for illegal rent hike, unpaid N12 compensation, and unreturned key deposit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 275 Village Green Square, Scarborough, ON M1S0L8
Decision in favor of
tenant
Balance Owed to Tenant
$3,348
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jun 26, 2024
Dispute Summary
Tenant applied for an order determining that the Landlords collected or retained money illegally. The Tenant alleged the Landlords charged an illegal rent increase, failed to pay interest on the rent deposit, and did not return the key deposit when the Tenant vacated.
Determinations
- Landlords collected rent above the allowable guideline increase
- Landlords failed to pay interest on rent deposit
- Landlords did not pay N12 compensation
- Landlords did not return $200 key deposit
Arguments and Actions
Landlord
Arguments
Landlords disputed the Tenant's claim for interest on the voluntarily pre-paid rent.
Actions
Landlords claimed they failed to pay the N12 compensation due to alleged damage to the unit.
Tenant
Arguments
Tenant argued that the Landlords are required to pay interest on the pre-payment of rent for the first year of tenancy, based on the Divisional Court decision in Corvers v. Bumbia.
Actions
Tenant vacated the rental unit and returned the keys to the Landlords.
Decision Summary
The Tenant proved the allegations in the application on a balance of probabilities. The Landlords must pay the Tenant $1,050.00 in illegally retained rent, $2,025.00 in unpaid N12 compensation, $200.00 in refundable key deposit, $25.31 interest on rent deposit, and the filing fee of $48.00, for a total of $3,348.31.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,050
Application Fee
$48
Rent Deposit
$1,050
Deposit Interest
$25
Total Owing
$3,348 (Owed to Tenant)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.