Danilov v Sawhney

Tenant wins · Toronto · 2025-04-23

Adjudicator

Rema El-Tawil

Dispute

Illegal Rent

Amount

<$5K

Landlord

J.S.S., A.A.

Tenant

K.D., J.D.

What happened

The Tenants applied for a rebate of rent after the Landlords coerced them into an illegal rent increase. The Landlord threatened to move his mother into the rental unit unless the Tenants agreed to increase the rent from $2,735.00 to $3,100.00. The Tenants, having no other housing options, paid the increased amount for six months. The Adjudicator found the increase violated the Act as it exceeded the guideline without a proper agreement for capital expenditures or additional services, and was issued without the required 90-day notice or approved LTB forms.

The ruling

The Landlords are ordered to pay the Tenants $2,238.00 by May 4, 2025. This amount covers $2,190.00 in illegal rent collected (representing a $365.00 monthly overcharge for six months) plus the $48.00 application filing fee. If payment is not made by the deadline, interest will accrue at 5.00% annually.