Ottawa Community Housing v Haider
Last updated: October 13, 2024
Order
Ordered by Bryan Delorenzi,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Ottawa Community Housing v Haider, 2024 ONLTB 9452
File Number: LTB-L-073830-22
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Feb 2, 2024
Tenancy End Date
Feb 2024
Decision
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.
Dispute
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
Landlord's Arguments
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's Arguments
Arguments
The Tenant believes his RGI was calculated incorrectly.
Actions and Evidence
The Tenant disputes the rent arrears, believing his Rent Geared to Income (RGI) was calculated incorrectly.
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