Landlord Wins Eviction Case Against Tenant Who Lost Rent Subsidy: Greater Sudbury Housing Corporation v Dicarlantonio 2022
Sudbury landlord evicts tenant who lost rent subsidy, tenant owes $10255
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1155, 1778 Lasalle Blvd, Sudbury, ON P3A4B3
Decision in favor of
landlord
Balance Owed to Landlord
$10,255
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Aug 2022
Order Date
Sep 23, 2022
Tenancy End Date
Oct 2022
We estimate Application Date using rent arrears.
Dispute Summary
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 incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $1,317 per month
- No last month's rent deposit
- Rent arrears owing to August 31, 2022 are $7,435
- Tenant did not void notice by paying arrears
- Tenant has not made any payments since application filed
- Tenant lost rent subsidy, resulting in rent increase
- Tenant still in possession on hearing date
Case Study
The Tenant lost her rent subsidy, resulting in a rent increase. The Tenant was given an opportunity to seek assistance to reinstate the subsidy and pay the arrears, but failed to do so. The Landlord is entitled to terminate the tenancy and evict the Tenant.
Arguments and Actions
Tenant
Actions
Tenant lost rent subsidy, resulting in rent increase. Tenant requested eviction be delayed to seek assistance to reinstate subsidy and pay arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $10,255 by October 31, 2022 to void the order. If the Tenant does not pay, they must vacate the unit by October 31, 2022 and will owe daily compensation starting November 1, 2022.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$1,317
Rent Arrears
$7,435
Application Fee
$186
Total Owing
$10,255 (Owed to Landlord)
Source
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