Dempster v Tonon

Tenant wins · Woodbridge · 2024-09-16

Adjudicator

John Cashmore

Dispute

Damage to Property, Illegal Rent Increase

Amount

<$5K

Landlord

P.T.

Tenant

A.D., M.A.

Tenant rep

Latanya Pusey

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally. The Landlord increased the monthly rent from $1,800 to $1,850 without providing the required 90-day written notice. The Tenants also sought the return of a $500 portion of the $1,000 damage deposit that the Landlord had retained.

The ruling

The Landlord's rent increase from $1,800 to $1,850 without proper notice under the Residential Tenancies Act is void. The Landlord must pay the Tenants $600 for the excess rent collected. The Tenants' claim for the remaining $500 damage deposit is denied as it was filed more than 1 year after the deposit was retained.