Ahmadi v Gravelle: Non-payment of Rent and Basement Apartment Dispute in Welland, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 17 Lyons Avenue, Welland, ON L3B1L8
Decision in favor of
landlord
Balance Owed to Landlord
$7,263
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Oct 2022
Order Date
Nov 22, 2022
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant had stopped paying rent after receiving an N13 notice due to a fire inspection report that ordered the discontinuation of the basement apartment's use. The Tenant intentionally withheld rent to find a new unit but failed to do so in 8 months.
Determinations
- Eviction extended to January 31, 2023 to allow Tenant to find new unit
- Fire inspection report ordered discontinuation of basement apartment use
- Landlords served valid N4 Notice
- Landlords unaware of non-conformity when purchasing property
- Lawful rent is $650.00 due on 1st of each month
- No last month's rent deposit
- No payments made since application filed
- Rent arrears owing to October 31, 2022 are $7,150.00
- Tenant did not void notice by paying arrears
- Tenant intentionally withheld rent to find new unit
- Tenant on ODSP with $1,100.00 monthly income
- Tenant still in possession of rental unit
Case Study
The Tenant's decision to withhold rent was not justified, as she should have continued paying rent while seeking new accommodation. The Landlords were unaware of the property's non-conformity when they purchased it and are working with the City to resolve the issue. The Tenant's financial situation and the current housing market were considered in extending the eviction date.
Arguments and Actions
Landlord
Arguments
Landlords' representative argued that the City is satisfied with their progress on resolving the non-conformity issue.
Actions
Landlords are working with the City to resolve the non-conformity issue. Landlords were unaware of the residential complex's non-conformity when they purchased the property.
Tenant
Arguments
Tenant argued for an adjournment, claiming she had just been made aware of the hearing the Friday prior and wanted to retain counsel.
Actions
Tenant stopped paying rent after receiving an N13 notice. Tenant called Welland Fire and Emergency Services about an oven fire, which prompted the inspection and subsequent order.
Aggravating Factors
Tenant intentionally withheld rent payments for 8 months without finding alternative accommodation.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amounts. The Tenant must move out by January 31, 2023, if the order is not voided. The Tenant owes $7,262.99 plus $21.37 per day from October 28, 2022, until move-out. The eviction can be enforced by the Sheriff starting February 1, 2023.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$650
Rent Arrears
$7,150
Application Fee
$186
Total Owing
$7,263 (Owed to Landlord)
Source
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