Sahar v Panz-Gabris

Split/Other wins · Hamilton · 2025-01-28

Adjudicator

Nancy Morris

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Landlord

N.S.

Tenant

M.P.

Landlord rep

L. Barder

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent, substantial interference, and damage to the rental unit. The Tenant filed a T1 application alleging the Landlord collected or retained money illegally.

The ruling

The Landlord's N4 notice of termination is invalid as the rent increase to $2,050 was unlawful. The Tenant does not owe any rent arrears. The Landlord must pay the Tenant $1,920 for the overpaid rent. The Tenant is permitted to remain in the unit, but must reimburse the Landlord for the cost of removing the replaced ceiling fan and preparing the fixture for a new one.