Burns v Alimari group
Tenant wins · Brockville · 2025-04-11
- Adjudicator
- Sandra Macchione
- Dispute
- Illegal Rent Increase, Maintenance
- Notice
- Illegal rent increase notice (Email)
- Amount
- <$5K
- Landlord
- Alimari group
- Tenant
- R.B.
What happened
The Tenant filed an application against the Landlord concerning an illegal rent increase and failure to maintain the property. The Landlord attempted to increase rent via an email, which is not a valid notice under the Act. The Tenant challenged this increase by filing the application within the 12-month period. Additionally, the rental unit experienced two floods. After the first flood in December 2023, the Landlord addressed the immediate damage but neglected to repair the underlying foundation issue. This negligence led to a second flood in July 2024, causing the Tenant to vacate the unit for 50 days and incur costs for damaged personal property. The Landlord did not attend the hearing.
The ruling
The Landlord is ordered to pay the Tenant a total of $3,963.75 by April 22, 2025. This amount comprises $450.00 for an illegal rent increase, $2,465.75 as a rent abatement for 50 days when the unit was uninhabitable due to flooding, $1,000.00 for the Tenant's property damage insurance deductible, and the $48.00 application fee. The Landlord's rent increase was ruled void, and they were found negligent for not repairing the foundation, which led to a second flood.