Bjerregaard v Horwitz

Tenant wins · Windsor · 2025-06-24

Adjudicator

Rachel Gibbons

Dispute

Illegal Rent Increase, Tenant Rights

Notice

N1 Notice of Rent Increase

Amount

<$5K

Landlord

L.H., D.H.

Tenant

D.B.

What happened

The Tenant filed a T1 application for a rebate of money the Landlord owes, alleging that the Landlords collected an illegal rent increase. The Landlords issued a notice of rent increase that exceeded the provincial guideline due to a calculation error. Although the Landlords claimed they attempted to correct the notice, they failed to provide evidence of service, and the Tenant continued to pay the incorrect amount for a year.

The ruling

The Landlords are ordered to pay the Tenant $572.12 by July 5, 2025. This amount includes $519.12 for overpaid rent resulting from a void rent increase notice and the $53.00 application filing fee. If the amount is not paid on time, simple interest of 4.00% per annum will accrue on the balance.