Cityhousing Hamilton Corporation v Fleifel

Last updated: July 22, 2024

Order

Ordered by Emile Ramlochan,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: September 26, 2022
*** Broadway Ave, Hamilton, ON L8S2V9
Contested Dispute

Decision in favor of

Landlord

Ordered Amount

$583

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionLow

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Citation: Cityhousing Hamilton Corporation v Fleifel, 2022 ONLTB 7109

File Number: LTB-L-013672-22

Timeline

Application Date (Estimate)

Jul 2022

2 months

Hearing Date

Sep 2022

13 days

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.

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Landlord

  • Cityhousing Hamilton Corporation

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.

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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
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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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