Claridge Homes (Rockcliffe Mews) LP v Gbaguidi - 2024 ONLTB 4089
Ottawa landlord granted eviction order against disabled tenant for non-payment of rent, but additional time provided to find new housing
Summarized by RentZenLast updated: September 12, 2024
Case Summary
803 Montreal Rd, Ottawa, ON K1K4W3
Decision in favor of
landlord
Balance Owed to Landlord
$7,654
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Jan 23, 2024
Tenancy End Date
Feb 2024
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,460.62 per month
- Tenant paid $6,321 since application filed
- Rent arrears owing to January 31, 2024 are $10,216.79
- Landlord incurred $186 in filing costs
- Landlord holds $1,425 rent deposit and $55.63 in interest
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant wanted to raise maintenance issues, but failed to provide the required disclosure. The Tenant's disability was considered, and additional time was granted to allow the Tenant to find a more suitable rental unit.
Arguments and Actions
Landlord
Actions
Landlord reached out to Tenant about payment plan, but Tenant not interested.
Tenant
Arguments
Tenant argued about differential treatment by Landlord, losing job, going back on ODSP, and ant infestation.
Actions
Tenant stopped direct payments to Landlord since she was not being heard and had many maintenance issues.
Procedural Errors
Tenant failed to provide required disclosure of maintenance issues at least 7 days before hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays $10,402.79 by January 31, 2024 or $11,863.41 by February 28, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by February 28, 2024 and pay the Landlord $7,653.62 plus daily compensation.
Reason for Eviction Relief
Tenant's disability and need for more time to find suitable housing
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
$1,461
Rent Arrears
$10,217
Application Fee
$186
Rent Deposit
$1,425
Deposit Interest
$56
Total Owing
$7,654 (Owed to Landlord)
Source
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