Landlord Wins Non-payment Case: Greater Sudbury Housing Corporation v Desforges 2023
Sudbury tenant ordered to pay $9116 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
501 1960 B Paris St, Sudbury, ON P3E4V3
Decision in favor of
landlord
Balance Owed to Landlord
$9,116
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Jan 2023
Order Date
Apr 13, 2023
Tenancy End Date
May 2023
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $936 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant testified that she wanted to maintain her tenancy but had insufficient income to do so, and that she wanted to reapply for housing subsidy.
Decision Summary
The tenancy will be terminated on May 31, 2023 unless the Tenant pays $12,604 by April 30, 2023 or $13,608 by May 31, 2023 to void the order. If the Tenant does not void the order, they must pay $9,116.16 to the Landlord and $33.01 per day in compensation starting January 17, 2023 until they move out.
Reason for Eviction Relief
to allow the Tenant time to reapply for housing subsidy
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,004
Rent Arrears
$9,406
Application Fee
$186
Total Owing
$9,116 (Owed to Landlord)
Source
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