Trunov v Shetty

Tenant wins · Toronto · 2025-10-02

Adjudicator

Benjamin Seigel

Dispute

Illegal Rent Increase, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.T.

Tenant

V.U.S.

Landlord rep

Elina Vasileva

What happened

The Landlord applied for eviction and rent arrears based on a Notice to End Tenancy (N4). The primary dispute revolved around whether the rental unit was exempt from rent control. The Landlord claimed the building was a former hotel converted to condominiums after 2018. The Tenant argued that portions of the building were used for long-term residential purposes prior to the cutoff date. The Adjudicator found the Landlord failed to meet the burden of proof regarding the exemption, rendering the rent increase and the subsequent N4 notice invalid.

The ruling

The Landlord's application to terminate the tenancy and for rent arrears is dismissed. The Board determined that the Landlord failed to prove the unit was exempt from rent control, meaning the attempted rent increase to $2,850.00 was unlawful. Since the N4 notice served to the Tenant was based on this incorrect rent amount, it was ruled invalid.