Cityhousing Hamilton Corporation v Fleifel
Last updated: July 22, 2024
Order
Ordered by Emile Ramlochan,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$583
to Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Cityhousing Hamilton Corporation v Fleifel, 2022 ONLTB 7109
File Number: LTB-L-013672-22
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Sep 2022
Order Date
Sep 26, 2022
We estimate Application Date using rent arrears.
Decision
The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears and costs in installments by December 15, 2022 and continues to pay the lawful monthly rent. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Landlord
- Cityhousing Hamilton Corporation
Representative | Paralegal
Tenant
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Landlord holds $823.98 rent deposit
- Landlord incurred $186.00 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $781.00 per month
- Rent arrears owing to 2022-09-30 are $1,221.00
- Tenant did not void notice by paying arrears
- Tenant paid $4,524.00 since application filed
- Tenant still in possession on hearing date
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant alleged that the rent increases from 2018 to 2022 were defective due to errors or defective service of the N2 notices.
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Financial Details
Lawful Rent
$781
Rent Arrears
$1,221
Application Fee
$186
Rent Deposit
$824
Ordered Amount
$583 (to Landlord)
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