Landlord Wins Eviction Case Against Non-Paying Tenant in Sudbury: Greater Sudbury Housing Corporation v Hickey 2021
Sudbury landlord awarded $6700 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1602 Bruce Avenue, Sudbury, ON P3C5C4
Decision in favor of
landlord
Balance Owed to Landlord
$6,769
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Mar 2021
Order Date
Mar 18, 2021
Tenancy End Date
Apr 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant disputed the amount of rent owed, claiming the monthly rent should be the Rent Geared to Income (RGI) rate of $141 instead of $855. The Landlord stated the Tenant did not comply with requirements to report/confirm income status to maintain the RGI subsidy.
Determinations
- Tenant did not pay full rent from July 2020 to March 2021
- Landlord served valid N4 Notice
- Tenant was in possession on application date
- Tenant paid $695 after application filed
- Lawful monthly rent is $855, not $141 RGI
- Landlord did not collect last month's deposit
Case Study
The Tenant can void the order and continue the tenancy by paying the full arrears amount of $6,769 by March 31, 2021 or $7,624 by April 30, 2021. If the Tenant does not make the full payment by the deadlines, the Landlord can file the order for enforcement and the Tenant will be evicted.
Arguments and Actions
Landlord
Arguments
Landlord stated the Tenant did not comply with requirements to report/confirm income status to maintain the RGI subsidy, so the lawful monthly rent is $855.
Actions
Landlord stated the Tenant did not comply with requirements to report/confirm income status to maintain the RGI subsidy.
Tenant
Arguments
Tenant disputed the amount of rent owed, claiming the monthly rent should be the RGI rate of $141 instead of $855.
Actions
Tenant disputed the amount of rent owed, claiming the monthly rent should be the RGI rate of $141 instead of $855.
Decision Summary
The tenancy is terminated effective April 30, 2021. The Tenant must pay $1,453 in rent arrears and compensation up to March 18, 2021, plus $28.11 per day from March 19, 2021 until move-out, and $186 in application fees. The Tenant can void the order and continue the tenancy by paying $6,769 by March 31, 2021 or $7,624 by April 30, 2021.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$855
Rent Arrears
$6,583
Application Fee
$186
Total Owing
$6,769 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.