PROPHETIC NON PROFIT HOMES (RICHMOND HILL INC.) v Ali - 2023 ONLTB 60148
Landlord wins non-payment case against Richmond Hill tenant, who must pay $12419 or vacate by October 20
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 41 Crosby Ave, Richmond Hill, ON L4C0B2
Decision in favor of
landlord
Balance Owed to Landlord
$12,419
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Aug 2023
Order Date
Sep 14, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant argued that he still had a rent-geared-to-income (RGI) subsidy, but the Board determined it did not have jurisdiction to consider this issue. The Tenant was disruptive during the hearing and was fined $50 for his conduct.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,361 per month
- Rent arrears of $10,872 as of hearing date
- Landlord entitled to $186 application fee
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the rent arrears. The Board found the tenancy was not financially viable for the Tenant and granted the Landlord's application, but provided the Tenant with an extended termination date to allow time to connect with community resources.
Arguments and Actions
Tenant
Arguments
Tenant argued he still had an RGI subsidy that the Landlord was not collecting.
Actions
Tenant frequently interrupted the Landlord's representatives, continued to shout, and repeatedly requested an adjournment. Tenant made serious allegations about the Landlord organization and government interference that were not related to the application.
Decision Summary
The tenancy is terminated unless the Tenant pays $12,419 by September 30, 2023 or $13,780 by October 20, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by October 20, 2023 and pay $10,368.25 in rent arrears and application costs.
Reason for Eviction Relief
to provide the Tenant with time to make use of any community resources which may be available to support him in paying off the rental arrears owing
Adjudicator Details
LTB Member
Total Orders
28
Landlord Favorable
78.6%
Tenant Favorable
17.9%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$1,361
Rent Arrears
$10,872
Application Fee
$186
Administrative Fine Payable to LTB
$50
Total Owing
$12,419 (Owed to Landlord)
Fine Payable By: Tenant
Source
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