Saini v McQueen
Landlord wins · Vaughan · 2024-07-26
- Adjudicator
- Ken Audziss
- Dispute
- Non-payment of Rent
- Notice
- N1 Notice of Rent Increase, N2 Notice of Rent Increase
- Amount
- $5-10K
- Landlord
- S.S.S., G.K.S.
- Tenant
- S.M., R.D., J.D.
- Landlord rep
- Maria Sturino
- Tenant rep
- Sherard McQueen
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Landlord served a valid N2 Notice of Rent Increase, but the Tenants disputed the rent increase as the rental unit was exempt from the rent increase guideline.
The ruling
The Landlord's N1 Notice of Rent Increase was invalid as it exceeded the maximum allowable rent increase. The Tenant is entitled to a credit for the overpayment of rent. The Landlord's N2 Notice of Rent Increase was valid as the rental unit was exempt from the rent increase guideline. The Tenant is ordered to pay the Landlord $5,676.27, which includes rent arrears, application filing fee, and interest on the rent deposit, minus the rent deposit and credit for the overpayment of rent.