Landlord Wins Eviction Case Against Non-Paying Tenant in Sudbury: Greater Sudbury Housing Corporation v Reid 2021
Sudbury landlord wins eviction and $13000 judgment against non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
365 Second Avenue North, Sudbury, ON P3B4A7
Decision in favor of
landlord
Balance Owed to Landlord
$13,116
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2020
Hearing Date
Dec 2020
Order Date
Jan 28, 2021
Tenancy End Date
Feb 2021
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
- Tenant has not paid rent from March 1, 2020 to December 31, 2020
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,302
- Landlord is not holding a last month's rent deposit
- Tenant has made no payments since application filed
- Tenant lost rent subsidy and cannot reactivate it
Case Study
The Tenant can no longer afford the rent as it falls due. Although the Tenant's circumstances are sympathetic, the Tenant's monthly income is insufficient to pay the rent and there are no funds to repay the substantial arrears of rent that have accrued. The subsidy cannot be reinstated, and the Tenant would have to reapply and join the waiting list for subsidized housing, which is likely years. Allowing the tenancy to continue to accrue additional arrears would be very prejudicial to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord seeks termination of the tenancy as the arrears are substantial, the Tenant has made no rent payments, and the Tenant cannot afford to pay the rent as it falls due.
Actions
Landlord testified that the Tenant has failed to pay any rent since the application was filed and has also lost her rent subsidy, which cannot be reactivated.
Tenant
Arguments
Tenant proposed a repayment plan of $200 per month to repay the arrears and asked for the tenancy to be preserved.
Actions
Tenant testified that her current income is Child Tax Benefits of $1,300 per month, and she would like to stay in the unit with her two children.
Decision Summary
The tenancy is terminated effective February 27, 2021. The Tenant must pay the Landlord $12,873.89 in rent arrears and compensation, plus $42.81 per day starting January 29, 2021 until the Tenant moves out. The Tenant must also pay the $186 application fee. If the Tenant does not pay the full amount by February 27, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,302
Rent Arrears
$12,930
Application Fee
$186
Total Owing
$13,116 (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.