The landlord imposed a rent increase on the tenant without providing the mandatory 90 days' written notice under the Tenant Protection Act.
The tenant paid the increased rent for several months before reverting to the original rent, prompting the landlord to seek eviction for arrears.
The Court of Appeal held that a rent increase imposed without proper notice is void and a nullity under s. 127(4) of the Act, not merely unlawful.
Consequently, the curative provisions of s. 141, which deem unlawful rent increases lawful after one year, do not apply to save a void rent increase.
