Landlord Wins Non-payment Case: Sharma v Ogbeide-ihama 2023
Brampton tenant ordered to pay $16008 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
74 Utopia Way, Brampton, ON L6P4A5
Decision in favor of
landlord
Balance Owed to Landlord
$16,008
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Sep 2023
Order Date
Oct 11, 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 Landlord served a valid 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 still in possession on hearing date
- Lawful rent is $2,277 as of August 1, 2022
- Rent increase in April 2023 was illegal
- Tenant owes $13,545 in rent arrears
- Landlord entitled to $186 application fee
- Tenant entitled to $101.28 interest on rent deposit
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The rent increase attempted by the Landlord in April 2023 was illegal as it did not comply with the Residential Tenancies Act. The Tenant has not demonstrated the ability to pay the accruing monthly rents, and the repayment proposal is contingent on uncertain funds from Nigeria. Given the significant rent arrears and the Tenant's history of late payments, it would not be fair to the Landlord to order a repayment plan or delay the eviction until January 2024.
Arguments and Actions
Landlord
Arguments
The Landlord's Legal Representative requested a standard order for eviction, stating that the Tenant has consistently not paid the rent and paid the rent late in this tenancy, there have been two prior orders from the Board and numerous N4 Notices served by the Landlord. She also submitted that the Tenant has not reached out prior to now despite requests to request a repayment arrangement.
Tenant
Actions
The Tenant's Agent stated that the Tenant has resided in the rental unit since 2016 and has had a good relationship with the Landlord, who knows their situation. The Tenant's Agent stated that there has been a series of events which has left them with financial issues, starting with the loss of both his parents, and then an injury which prevented him from working for six months.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,008 by October 31, 2023 to void the order. If the Tenant does not void the order, the Tenant must vacate the unit by October 31, 2023 and pay the Landlord $10,974.22 plus daily compensation of $74.86 from September 26, 2023 until the Tenant vacates.
Reason for Eviction Relief
The Tenant has resided in the unit since 2016 and has had a good relationship with the Landlord. The Tenant has experienced financial hardship due to personal and health issues, and is waiting for funds from Nigeria to pay the arrears.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$2,277
Rent Arrears
$13,545
Application Fee
$186
Rent Deposit
$2,250
Deposit Interest
$101
Total Owing
$16,008 (Owed to Landlord)
Source
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