Parikh v ETIENNE

Tenant wins · Etobicoke · 2025-07-07

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

U.P.

Tenant

R.E.

Landlord rep

Maulik Desai

What happened

The Landlord applied for eviction and rent arrears totaling $51,900.00. During the hearing, it was discovered that the Landlord had implemented two rent increases without proper notice. The first increase became lawful because it was paid for over 12 months, but the second increase (proposed during the 2021 rent freeze) was invalid as it lacked 12 consecutive payments. Because the N4 notice calculated arrears using an incorrect lawful rent, the notice was deemed defective. Furthermore, the actual arrears exceeded the LTB's monetary jurisdiction limit.

The ruling

The Landlord's application to terminate the tenancy and collect arrears was withdrawn. The LTB found that the Landlord had issued a defective N4 notice by including illegal rent increases from the 2021 rent freeze period. Furthermore, the total arrears of $54,600 exceeded the LTB's $35,000 jurisdictional limit. The Landlord chose to withdraw the application rather than proceed for a reduced monetary order without termination.