Last updated: September 12, 2024
Ordered by Sheena Brar,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$11,819
to Landlord
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Citation: Cityhousing Hamilton Corporation v Teraei, 2023 ONLTB 31424
File Number: LTB-L-049631-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 24, 2023
Tenancy End Date
May 2023
The tenancy is terminated unless the tenant pays $13,084 by April 28, 2023 or $14,256 by May 15, 2023 to void the order. If the tenant does not pay, they must vacate the unit by May 15, 2023 and pay the landlord $11,818.84 plus daily compensation of $38.53 from March 29, 2023 until move-out.
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the notice by paying the arrears.
Landlord's representative stated the tenant had lost his subsidy and was at market rent, and was advised to provide income documents to get the subsidy reinstated but has not done so. The change in household composition means the tenant is over-housed.
Tenant testified that his spouse Zoya Mohammad left the rental unit around January 2022, and he informed the landlord about this in August 2022. Tenant stated his income is only $1,400 per month working at Blueline taxi, and he pays $523 in child support, so he cannot afford other accommodation.
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Lawful Rent
$1,172
Rent Arrears
$11,726
Application Fee
$186
Ordered Amount
$11,819 (to Landlord)
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