Lee v Srouji

Split/Other wins · Toronto · 2025-08-21

Adjudicator

Jane Dean

Dispute

Illegal Rent Increase, Non-payment of Rent

Notice

Non-payment of rent (N4), Notice of Rent Increase (N2)

Amount

<$5K

Landlord

R.K.W.L.

Tenant

M.S.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Board found the N4 Notice of Termination invalid because it lacked particulars (the table showing rent calculations was blank). Additionally, the Tenant challenged a rent increase from $2,250.00 to $2,600.00. The Landlord claimed the unit was exempt from rent control but failed to provide evidence. Consequently, the lawful rent was determined to be $2,250.00.

The ruling

The application for eviction was denied because the Landlord served an invalid N4 notice with a blank calculation table. The Board also rejected the Landlord's rent increase to $2,600.00 as the Landlord failed to prove the unit was exempt from rent control. The Tenant is ordered to pay $2,250.00 in rent arrears for May 2025 by September 1, 2025, but the tenancy continues.