Landlord Wins Non-payment Case: Housing Corp. v Faber 2022
LTB Rules on $8118 Rent Arrears: Housing Corp. v Faber Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
306 Paris St, Sudbury, ON P3E4T9
Decision in favor of
landlord
Balance Owed to Landlord
$8,118
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Aug 2022
Order Date
Sep 2, 2022
Tenancy End Date
Sep 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. The tenant had not vacated the rental unit as of the hearing date.
Determinations
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $865 per month
- No payments made since application filed
- Rent arrears of $8,741 as of hearing date
- Tenant did not void notice by paying arrears
- Tenant still in possession on application date
Case Study
The Tenant testified that he has been living in a long-term care facility since April 2021 and has no plans to live in the rental unit. The Landlord is entitled to a standard order for termination of the tenancy and eviction of the Tenant due to non-payment of rent.
Arguments and Actions
Tenant
Actions
Tenant has been living in a long-term care facility since April 2021 and has no plans to live in the rental unit.
Decision Summary
The tenancy is terminated unless the Tenant pays $9,792 by September 13, 2022 to void the order and continue the tenancy. If the Tenant does not pay the full amount, the Tenant must vacate the unit by September 13, 2022 and pay the Landlord $8,118.88 in rent arrears and application fees, plus daily compensation of $28.44 per day until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$865
Rent Arrears
$8,741
Application Fee
$186
Total Owing
$8,118 (Owed to Landlord)
Source
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