Ottawa Community Housing v Haider - LTB Ruling on Non-payment of Rent
Ottawa landlord granted conditional eviction order against tenant for $20669 in unpaid rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
251 Donald St, Ottawa, ON K1K4B7
Decision in favor of
landlord
Balance Owed to Landlord
$20,669
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Feb 2, 2024
Tenancy End Date
Feb 2024
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 still in possession on hearing date
- Lawful rent is $936 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to December 31, 2023 are $18,591
- Landlord entitled to $20 for NSF charges and $186 for filing fee
- No last month's rent deposit
Case Study
The Board has no jurisdiction to determine the Tenant's Rent Geared to Income (RGI) eligibility or the amount of geared-to-income rent payable. The Board found the rent arrears claimed by the Landlord to be correct. The Board considered whether there are any circumstances that support granting relief from eviction and decided to give the Tenant until February 29, 2024 to pay the arrears outstanding and void the order.
Arguments and Actions
Landlord
Arguments
The Landlord's representative submits that the Tenant must pay market rent because he did not provide sufficient documentation to support his RGI application.
Tenant
Arguments
The Tenant believes his RGI was calculated incorrectly.
Actions
The Tenant disputes the rent arrears, believing his Rent Geared to Income (RGI) was calculated incorrectly.
Decision Summary
The Board ordered that the tenancy will be terminated unless the Tenant pays $20,669 to void the order by February 29, 2024. If the Tenant does not void the order, the Tenant must move out by February 29, 2024 and pay the Landlord $18,014.85 in rent arrears, application fees, and NSF charges, plus daily compensation of $30.77 until the Tenant moves out. If the unit is not vacated by February 29, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Reason for Eviction Relief
The Tenant may be able to bring the tenancy into good standing by providing the proper documentation to get his RGI adjusted. The Tenant is aware of the documentation that needs to be provided.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$936
Rent Arrears
$18,591
Application Fee
$186
Other Owed Amount
$20
NSF charges
Total Owing
$20,669 (Owed to Landlord)
Source
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