Khushal v Hardwick
Tenant wins · Ashburn · 2025-06-18
- Adjudicator
- Frank Ebner
- Dispute
- Breach of Conditions, Non-payment of Rent
- Landlord
- N.K., S.E.
- Tenant
- R.H., M.G., R.A.
- Landlord rep
- Fred Barri
- Tenant rep
- George Berger
What happened
The Landlords filed an L4 application to terminate the tenancy, alleging the Tenant breached a condition of a previous LTB order (issued Feb 19, 2025) by failing to pay the full rent including a proposed increase. An eviction order was initially issued without a hearing on April 14, 2025. The Tenant filed a motion to set aside that order, arguing that no valid Notice of Rent Increase (NORI) was served and therefore the lawful rent remained at the lower rate, which had been paid in full.
The ruling
The LTB granted the Tenant's motion to set aside the eviction order. The Board found the Landlord's rent increase notice was void because it was not served according to legal requirements and lacked the necessary 90-day notice period. Because the Tenant had paid the lawful rent of $2,300.00, he was not in breach of the previous order. The eviction order is unenforceable, and the original conditions of the February 19, 2025 order remain in place.