Labutte and Ochenduszko v 1473488 Ontario Limited

Landlord wins · Windsor · 2022-01-13

Adjudicator

Terri van Huisstede

Dispute

Illegal Rent Increase

Landlord

1473488 Ontario Limited

Tenant

L.L., L.O.

Tenant rep

A. Mathieu

What happened

Tenants applied for an order determining that the Landlord has charged illegal rent or has collected or retained money illegally. The Tenants claimed that the Landlord's agent verbally advised them that their rent would increase by $200 starting February 1, 2019 in exchange for repairs and maintenance, and the Tenants paid the increased rent for 12 consecutive months.

The ruling

The Tenants' application is dismissed. The rent increase is deemed not to be void under Section 135.1 of the Act since the Tenants paid the increased rent for 12 consecutive months. The Tenants did not bring a T4 application within the 2-year window to claim they had an agreement with the Landlord to increase the rent in exchange for improvements.