Durham Regional Local Housing Corporation v Ahmed: Non-payment of Rent Case in Oshawa, ON
Oshawa public housing tenant ordered to pay $10847 or vacate
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1525 Ritson Rd S, Oshawa, ON L1J3M3
Decision in favor of
landlord
Balance Owed to Landlord
$10,847
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Nov 2022
Order Date
Feb 28, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was not present at the hearing.
Determinations
- Daily rent/compensation is $42.81
- Landlord attempted to negotiate payment plan
- Landlord incurred $186.00 application filing cost
- Landlord served valid N4 Notice
- Lawful rent is $1,302.00 due on 1st of each month
- No last month's rent deposit
- Rent arrears owing to November 30, 2022 are $11,578.00
- Tenant did not void notice by paying arrears
- Tenant paid $1,568.00 since application filed
- Tenant still in possession of rental unit
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears before the hearing date or by attending the hearing to present their case. To turn the decision around, the Tenant would need to pay the specified amount to void the eviction order within the given timeframe or file a motion under section 74(11) of the Act if they pay the full amount owing after the deadline but before the Sheriff enforces the eviction.
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a payment plan through written communication.
Tenant
Actions
Tenant did not pay rent arrears and did not attend the hearing.
Procedural Errors
Tenant did not attend the hearing or request an adjournment.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amount. The Tenant must pay $10,847.29 to the Landlord if the tenancy is terminated, plus $42.81 per day for each day of occupation starting November 10, 2022. The Tenant must move out by March 11, 2023, if the order is not voided.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,302
Rent Arrears
$11,578
Application Fee
$186
Total Owing
$10,847 (Owed to Landlord)
Source
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