Cityhousing Hamilton Corporation v Teraei - LTB Ruling on Non-payment of Rent
Tenant ordered to pay $11800 in rent arrears or face eviction from subsidized housing unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
21 Governor's Rd, Dundas, ON L9H3K4
Decision in favor of
landlord
Balance Owed to Landlord
$11,819
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 24, 2023
Tenancy End Date
May 2023
Dispute Summary
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.
Determinations
- Tenant's spouse Zoya Mohammad no longer in possession of rental unit
- Landlord served valid N4 notice
- Tenant did not void notice by paying arrears
- Tenant still in possession at time of hearing
- Lawful rent is $1,172 per month
- Tenant paid $646 since application filed
- Rent arrears of $11,726 as of hearing date
- Landlord entitled to $186 application fee
Case Study
The tenant was still in possession of the rental unit at the time of the hearing. The lawful rent was $1,172 per month, and the tenant owed $11,726 in rent arrears as of the hearing date. The landlord was entitled to reimbursement of the $186 application filing fee. The tribunal considered the impact of COVID-19 and the tenant's circumstances, but found it would not be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
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
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,172
Rent Arrears
$11,726
Application Fee
$186
Total Owing
$11,819 (Owed to Landlord)
Source
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