Elderly Tenant Facing Eviction for Non-Payment of Rent in Ottawa: Ottawa Community Housing v Mbwolo 2021
Elderly, disabled Ottawa tenant ordered to pay $14956 in rent arrears or face eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
775 Belisle Street, Ottawa, ON K1L 6V1
Decision in favor of
landlord
Balance Owed to Landlord
$14,956
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Nov 2021
Order Date
Dec 29, 2021
Tenancy End Date
Mar 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 at the time of the hearing.
Determinations
- Tenant has not paid total rent owed from November 1, 2020 to November 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession of rental unit
- Lawful monthly rent is $1,307.00
- Landlord not holding last month's rent
- Landlord incurred $60.00 in NSF cheque administration charges
- Tenant paid $4,004.00 after application filed
Case Study
The Tenant is an elderly individual who also cares for his adult son with disabilities. He will require additional time to either seek assistance with the payment of arrears to allow him to make possible arrangements with the Landlord for another more affordable rental unit. If he is not able or willing to do so, he will require additional time to find a rental unit elsewhere.
Arguments and Actions
Landlord
Actions
Landlord provided information on rent assistance, offered a payment agreement, and offered to negotiate a move to a smaller, more affordable unit.
Tenant
Arguments
Tenant believes he should not have to pay the current market rent of $1,307 and wants the rent subsidy reinstated.
Actions
Tenant is 76 years old, has chronic health issues, and has modest monthly income of $1,500. Tenant's adult son with disabilities also lives with him.
Decision Summary
The tenancy is terminated effective March 31, 2022. The Tenant must pay the Landlord $14,956.35 in rent arrears and compensation, plus $42.97 per day starting December 30, 2021 until the Tenant vacates. The Tenant must also pay the $186 application fee. If the Tenant pays $13,889 by December 31, 2021 or $17,810 by March 31, 2022, the Tenant can void the eviction order and continue the tenancy.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,307
Rent Arrears
$13,643
Application Fee
$186
Other Owed Amount
$60
NSF cheque administration charges
Total Owing
$14,956 (Owed to Landlord)
Source
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