CAPREIT v Hisson: $35000 Rent Arrears Case in Mississauga, ON
CAPREIT v Hisson: $35K Rent Arrears Case Ruling
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 3455 Havenwood Dr, Mississauga, ON L4X2M7
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Jan 2023
Order Date
Jan 18, 2023
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The amount claimed exceeded the Board's monetary jurisdiction, so the Landlord agreed to limit the claim to $35,000.
Determinations
- Board's monetary jurisdiction limited to $35,000
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants could have avoided eviction by paying the full amount owed by January 31, 2023. They could also file their own application for any maintenance issues. The Board considered the Tenant's disability and part-time work status but determined the high rent arrears were highly prejudicial to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord served a valid N4 Notice and filed the application when Tenants did not void the notice by paying arrears.
Actions
Landlord agreed to limit the claim to $35,000 due to the Board's monetary jurisdiction.
Tenant
Arguments
Tenant 2 wanted to raise some s.82 issues but no disclosures were made in time, so she was told to file her own application.
Actions
Tenant 2 stated that she is on disability but works part-time as well. The income and expenses shared at the hearing do not make this a viable tenancy for the Tenants.
Procedural Errors
Tenant 2 failed to make timely disclosures for s.82 issues.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying $35,186.00 by January 31, 2023. If not paid, the Tenants must vacate by January 31, 2023. The Landlord may file for eviction enforcement starting February 1, 2023. The Tenants owe $35,186.00 to the Landlord, which includes rent arrears and application fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$2,779
Rent Arrears
$49,554
Application Fee
$186
Rent Deposit
$2,711
Deposit Interest
$73
Total Owing
$35,186 (Owed to Landlord)
Source
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