Landlord Wins Eviction Case Against Tenant Unable to Pay Rent: Waterloo Region Housing v Peterkins 2020
Tenant unable to pay rent after losing subsidy evicted by Waterloo Region Housing
Summarized by RentZenLast updated: July 26, 2024
Case Summary
9 241 Southwood Drive, Cambridge, ON N1S3S8
Decision in favor of
landlord
Balance Owed to Landlord
$11,193
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2020
Hearing Date
Nov 2020
Order Date
Nov 16, 2020
Tenancy End Date
Nov 2020
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 full rent from January 1, 2020 to November 30, 2020
- Landlord served valid N4 Notice
- Tenant in possession of rental unit
- Monthly rent is $1,192.00
- Landlord not holding last month's rent deposit
- Tenant paid $1,539.00 after application filed
Case Study
The Tenant lost the subsidy for the rental unit in January 2020, increasing his rent from $171.00 to $1,192.00 monthly. The Tenant did not appeal the Landlord's decision to remove his subsidy even though he was given the opportunity to do so. The Tenant is unable to pay the current rent without the subsidy.
Arguments and Actions
Tenant
Arguments
Tenant cannot afford to pay the rent without a subsidy and cannot pay the arrears.
Actions
Tenant is a recipient of the Ontario Disability Support Program (ODSP) and his caseworker has continued to pay the subsidized rent to the Landlord. Tenant has resided in the rental unit for eight years and disagreed with the Landlord's assessment that he lives alone, stating that he has shared custody of his children.
Decision Summary
The tenancy is terminated effective November 30, 2020. The Tenant must pay $11,193.10 to the Landlord, which includes rent arrears up to the termination date and the cost of filing the application. If the Tenant pays $11,748.00 on or before November 30, 2020, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,192
Rent Arrears
$11,018
Application Fee
$175
Total Owing
$11,193 (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.