The Avenel Non-Profit Housing Corporation v Thomas - LTB Ruling on Non-payment of Rent
Tenant in non-profit housing evicted for $21422 in rent arrears, given 30-day extension to vacate
Summarized by RentZenLast updated: October 13, 2024
Case Summary
262 Ridley Blvd, Toronto, ON M5M4N6
Decision in favor of
landlord
Balance Owed to Landlord
$21,323
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Aug 20, 2024
Tenancy End Date
Sep 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 in possession on application date
- Lawful rent is $624.00 per month
- Rent arrears to June 30, 2024 are $21,422.23
- Landlord incurred $186.00 in filing fees
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative requested a standard order, arguing that the amount of arrears is significant, the Tenant has made no attempt to pay the lawful rent or repay the arrears, and the Landlord's budget and ability to maintain their properties will be impacted if tenants are permitted to withhold rent.
Actions
Landlord's Agent testified that the rent arrears are $21,422.23 as of the hearing date, and that the Tenant has not complied with the requirements for internal reviews or provided the necessary information about their financial situation.
Tenant
Arguments
Tenant argued that the rent increases were not made in accordance with the notice provisions of the Residential Tenancies Act, 2006, and therefore the lawful monthly rent remains as it was prior to the increase.
Actions
Tenant testified that they are on social assistance, have a disability, and care for their elderly mother with dementia. Tenant's sons also live with them and have limited employment.
Decision Summary
Unless the Tenant voids the order by paying the full arrears, the tenancy will be terminated effective September 30, 2024. If the Tenant does not void the order, the Tenant must pay the Landlord $21,323.12, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
Tenant is a person with a disability with significant caregiving responsibilities and limited means
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$624
Rent Arrears
$21,422
Application Fee
$186
Rent Deposit
$168
Deposit Interest
$6
Total Owing
$21,323 (Owed to Landlord)
Source
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