Tobaccowala v Herman

Split/Other wins · Brampton · 2026-01-21

Adjudicator

Julie Broderick

Dispute

Illegal Rent Increase, Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.T., F.R.

Tenant

A.H.

Landlord rep

H. Shafi

Tenant rep

Shawna Thompson (Support)

What happened

The Landlords applied to evict the Tenant for non-payment of rent. The Tenant filed a cross-application and a Section 82 claim, alleging that the Landlords had implemented an illegal rent increase in 2023. While the Landlords admitted the increase exceeded the legal guideline, the Board determined the rent became lawful because the Tenant paid it for 12 consecutive months without dispute. The Tenant requested relief from eviction due to recent unemployment and current low discretionary income.

The ruling

The LTB ordered the Tenant to pay $5,336.00 in rent arrears and costs through a long-term payment plan of $200.00 per month in addition to regular rent. Relief from eviction was granted, meaning the tenancy continues as long as the Tenant complies with the schedule. The Tenant is also entitled to deduct $170.88 (unpaid deposit interest) from a subsequent rent payment.