Dhillon v Masson-Gelineault

Tenant wins · Belleville · 2025-05-05

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

N.D.

Tenant

K.M., C.S.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent. The core of the dispute involved whether the monthly rent was $550.00 or $950.00. Tenant 1 argued that a $400.00 rent increase implemented when Tenant 2 moved in was unlawful because it exceeded the provincial guideline and did not follow statutory notice requirements. The Landlord contended the increase was agreed upon and that Tenant 2 occupied a separate room.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The Board found that the Landlord attempted to charge an unlawful rent increase of $400.00. Since the Tenant had not paid this amount for the full 12 months required to deem it lawful, the legal rent remained $550.00. The N4 notice was ruled invalid because it stated an incorrect rent amount.