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Case Study

LTB Order on Illegal Rent Collection Case LTB-T-009879-23

Landlords Ordered to Pay Tenants for Illegal Rent Increases

🕑 Case timeline

Application Date: December 1, 2022

Hearing Date: October 30, 2023

Order Issued: November 10, 2023

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-009879-23
Address: 1546 Curry Ave, Windsor ON N9B3P1
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: $4,178.00
Decision In Favor: Tenants
Application Type: Illegal Rent Collection
RTA Sections: Section 116, Section 135.1, Section 29(2)

👥 Parties involved

Landlord: Vien Chung Tran, Thiem Tran
Landlord Rep: Self Represented
Tenant: Khanh Pham, Minh Luu
Tenant Rep: Self Represented
Adjudicator: Sandra Macchione
Keywords: illegal rent collection, rent increase, NORI, rent freeze

⚖️ Decision summary

Landlords to pay $4,178.00 to tenants.
Payment due by November 21, 2023, with interest applicable post-deadline.

⚠️ Dispute summary

Dispute over illegal rent collection and failure to issue a lawful notice of rent increase.
Tenants challenged the rent increases that were not compliant with the Residential Tenancies Act.

📑 Findings & determinations

Tenants proved illegal collection of rent.
Landlords failed to provide required notice for rent increases.
Landlords owe tenants $4,125.00 for excess rent and $53.00 for application costs.

💡 Summary points

Landlords collected excess rent without proper notice.
Rent increases during government-imposed rent freeze deemed unlawful.
Landlords must pay tenants $4,178.00 by November 21, 2023.
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🧑‍⚖️ Same adjudicator

Sandra Macchione