Picciolo v Masucci

Tenant wins · Stouffville · 2025-07-31

Adjudicator

Sheena Brar

Dispute

Illegal Rent, Personal Use

Amount

<$5K

Landlord

R.E.M.

Tenant

N.P.

Tenant rep

Dina DeRocchis

What happened

The Tenant applied for a determination that the Landlord collected money illegally. The Landlord contested the jurisdiction of the Landlord and Tenant Board, claiming the Act did not apply because the parties shared a kitchen and bathroom and had signed a contract 'opting out' of tenant protection laws. The Board found that because the Tenant had her own kitchen and bathroom facilities in the basement, the Act applied regardless of the Landlord's contract clauses. The Board further determined the Landlord imposed an illegal 14% rent increase and failed to pay compensation after requiring the Tenant to vacate due to the sale of the property.

The ruling

The Landlord is ordered to pay the Tenant $1,527.00 by August 11, 2025. This includes $625.00 for illegal rent increases collected over five months, $849.00 in compensation for termination of tenancy due to the sale of the property, and the $53.00 application fee. The Board dismissed the Landlord's argument that the Act did not apply.