Marquez v Sampogna

Tenant wins · Etobicoke · 2025-06-16

Adjudicator

Fotoula Hatzantonis

Dispute

Illegal Rent Increase

Landlord

E.S., P.S.

Tenant

F.M., M.R.

Landlord rep

Brenda Rizzo

Tenant rep

Shaun Harvey

What happened

The Tenants applied for an order determining the Landlords collected an illegal rent increase. The Landlords had increased the rent without providing proper notice as required by the Act. The Tenants paid the increased amount for five months, then deducted the total overpayment from their September 2024 rent and filed the application. Although the Landlords had corrected the rent amount prior to the hearing, the Tenants proceeded to obtain a formal declaration of the lawful rent.

The ruling

It is ordered that the current lawful rent for the unit is $2,152.50. The Board confirmed that while the Landlords had collected an illegal rent increase, the Tenants had already been compensated by deducting the overpayment from their rent. Both the Landlords' request for costs and the Tenants' request for their application fee were denied.