Hazelview Properties v Chhabra

Tenant wins · Toronto · 2024-10-04

Adjudicator

Fabio Quattrociocchi

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4), Damage to Property (N5)

Landlord

Hazelview Properties

Tenant

R.K.S.C., A.S.A.

Landlord rep

Marian Talavera, Peter Lopez

Tenant rep

Arjun Singh Arora

What happened

Landlord applied to terminate the tenancy and evict the tenants due to non-payment of rent and damage to the rental unit. The landlord claimed the tenants owed $2,050.48 per month in rent starting January 1, 2024, but the tenants disputed the rent increase, arguing the landlord did not serve a valid N1 notice.

The ruling

The landlord's applications were dismissed. The landlord failed to serve a valid N1 notice for the rent increase, so the lawful rent remained at $2,000.48 per month. The landlord also failed to prove the tenant wilfully or negligently caused damage to the rental unit.