Landlord Wins Non-payment Case: Foglight Investments Inc. v Forget 2023
Sudbury tenant ordered to pay $4963 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
466 Clinton Ave, Sudbury, ON P3B2S4
Decision in favor of
landlord
Balance Owed to Landlord
$4,445
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Oct 10, 2023
Tenancy End Date
Nov 2023
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 still in possession on hearing date
- Lawful rent was $500 per month
- Tenant paid $400 per month due to Landlord error
- Rent increased to $506 in January 2022, then $518.65 in January 2023
Case Study
The Tenant's original rent was $400 per month, but he agreed with the former landlord to pay an additional $100 per month for access to an extra room. This increased the lawful rent to $500 per month. The Landlord erroneously charged $400 per month for 7 months, but this does not change the lawful rent under the Act. The Tenant is responsible for the $500 per month rent, plus any guideline increases.
Arguments and Actions
Landlord
Arguments
Landlord argued the lawful rent was $500 per month when it took over the property, and the increases since then were lawful.
Tenant
Arguments
Tenant argued the lawful rent should be $400 per month, not $500 per month, and any increases since then are unlawful.
Actions
Tenant said he could likely pay $400 per month plus normal increases, but not the current lawful rent of $518.65. Tenant said he has looked for other housing but there is not much available at his price point.
Decision Summary
The tenancy is terminated unless the Tenant pays $4,444.50 by October 31, 2023 or $4,963.15 by November 30, 2023 to void the order. If the Tenant does not void the order, they must vacate the unit by November 30, 2023 and pay the Landlord $2,914.44 plus daily compensation.
Reason for Eviction Relief
The Tenant's circumstances warrant postponing the eviction date to give him time to seek assistance or find other accommodation.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$519
Rent Arrears
$11,259
Application Fee
$186
Rent Deposit
$450
Deposit Interest
$36
Total Owing
$4,445 (Owed to Landlord)
Source
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