Ottawa Community Housing v Ntambwe - LTB Ruling on Non-payment of Rent
Ottawa landlord granted conditional order for non-payment of rent, tenant must pay $11684 in arrears and ongoing rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
250 Prince Albert St, Ottawa, ON K1K1Z5
Decision in favor of
landlord
Balance Owed to Landlord
$11,684
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Sep 2022
Order Date
Apr 5, 2023
We estimate Application Date using rent arrears.
Dispute Summary
The landlord, Ottawa Community Housing, applied for an order to terminate the tenancy and evict the tenant, Mariamou Ntambwe, due to non-payment of rent.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,167 per month
- Tenant paid $2,884.50 since application filed
- Rent arrears owing is $3,515.37
Case Study
The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent arrears. The tenant was still in possession of the rental unit at the time of the hearing. The landlord was entitled to the rent arrears and the application filing fee, minus the amount the tenant had already paid.
Decision Summary
The landlord's application for eviction is denied on the condition that the tenant pays $11,684.37 in rent arrears and costs, with $1,000 due on the 15th of each month for 11 months starting May 2023, and the remaining $684.37 due on April 15, 2024. The tenant must also pay the rent for April 2023 to April 2024 in full by the 1st of each month. If the tenant fails to make any of these payments, the landlord may apply for an order terminating the tenancy and evicting the tenant.
Reason for Eviction Relief
Balancing the disclosed circumstances of the landlord and tenant
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,167
Rent Arrears
$11,498
Application Fee
$186
Total Owing
$11,684 (Owed to Landlord)
Source
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