Peel Housing Corp o/a Peel Living v Hulaj
Last updated: September 12, 2024
Order
Ordered by Jagger Benham,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Peel Housing Corp o/a Peel Living v Hulaj, 2023 ONLTB 32033
File Number: LTB-L-052621-22
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 24, 2023
Tenancy End Date
Jun 2023
Decision
The tenancy will be terminated on June 30, 2023 unless the Tenant pays the full amount owing by that date. The Tenant may void the order and continue the tenancy by paying $6,627 by April 30, $7,408 by May 31, or $8,189 by June 30. If the Tenant does not void the order, they must pay $5,025.18 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Reason for Eviction Relief
Tenant's circumstances, including living in a two-bedroom unit alone and facing harassment from other tenants
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $781 due on 1st of each month
- Tenant paid $1,250 since application filed
- Rent arrears owing to March 31, 2023 are $5,660
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant disputed the amount owing and submitted evidence showing when payments were made, but it was determined that the payments were included in the Landlord's records.
Actions and Evidence
Tenant testified that she had been living with her son who vacated the unit, leaving her to pay for a two-bedroom unit. Tenant also testified that she has requested a transfer from the Landlord but was denied, and that she has been harassed by other tenants in the residential complex and has had issues with her drinking water.
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