Evictly

Pinto v 1000161057 Ontario Limited

Landlord wins · Thorold · 2025-07-02

Adjudicator
Amanda Kovats
Dispute
Tenant Rights
Landlord
1000161057 Ontario Limited
Tenant
A.P.
Tenant rep
Pinto Floyd

What happened

The Tenant's father (acting as representative) requested a review of an order which dismissed the Tenant's claim that rent collected was an illegal charge. The Tenant argued that because the rental unit was in violation of a municipal by-law, the Landlord should not have collected any rent and should reimburse all rent paid. The LTB member previously found that the rent was agreed upon in the tenancy agreement and was not illegal under the RTA.

The ruling

The LTB denied the Tenant's request for a review of the previous order. The Board confirmed that rent agreed upon in a tenancy agreement is generally lawful under the RTA regardless of municipal by-law issues. The original order remains unchanged, meaning the Tenant's claim for a rent refund based on illegal collection was unsuccessful.