Kalinowska v 2533722 Ontario Inc

Tenant wins · Toronto · 2021-08-25

Adjudicator

Donald MacVicar

Dispute

Illegal Rent Increase

Amount

<$5K

Landlord

2533722 Ontario Inc, N.M.

Tenant

A.K.

Landlord rep

Erik (or Eryk) Turski

Tenant rep

Margaret Piasecka

What happened

Tenant applied for an order determining that the Landlords have collected or retained money illegally. The Landlords argued that the Residential Tenancies Act, 2006 did not apply to the Tenant's housing because the Tenant shared a kitchen and bathroom with other tenants, but the Tribunal determined that such sharing does not remove the tenancy from those governed by the Act. The Landlords also represented that a historical rent increase was a 'guideline' increase when it was not. However, the Tribunal found that the Landlords have not collected or retained money illegally, but not for lack of trying.

The ruling

The Landlords shall pay the Tenant $300 for the cost of the translator and $50 for the cost of filing the application, for a total of $350. If the Tenant has remained in the unit, the Tenant may deduct $350 from her next rent payment. If the Tenant has vacated the unit, the Landlords shall pay the Tenant $350 on or before September 15, 2021, with interest accruing at 2% per year on any outstanding balance starting September 16, 2021.