Toronto Community Housing Corporation v Kaur - LTB Case Study
Toronto Community Housing Corporation landlord's eviction application denied after tenant paid $3303 in arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1286 Wilson Ave, North York, ON M3M3G4
Dispute resolved in
agreement
Balance Owed to Landlord
$3,303
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
May 2024
Order Date
May 16, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant disputed the rent-geared-to-income (RGI) calculation process, which is outside the Board's jurisdiction.
Determinations
- Tenant's request for an adjournment was denied as she was able to reasonably participate in the hearing
- Landlord served valid N4 Notice, and Tenant did not void it by paying arrears
- Tenant was still in possession of the rental unit at the hearing date
- Lawful rent is $522 per month, due on the 1st of each month
- Rent arrears owing to May 31, 2024 are $3,117
- Landlord incurred $186 in application filing costs
- No last month's rent deposit
- Tenant's dispute related to RGI calculation, which is outside the Board's jurisdiction
- Insufficient evidence to find the Landlord's application was brought due to Tenant's involvement in tenant affairs, enforcing rights, or complaining about repairs
- Eviction would not be unfair to grant under section 83 of the Act
Arguments and Actions
Landlord
Arguments
Landlord submitted that the document the Tenant is referring to as fraudulent simply means the Tenant disputed the amount/calculation of the RGI with her tenant coordinator, not that she filed a formal written review.
Actions
Landlord submitted that the N4 Notice and this application were only commenced after the Tenant exhausted all appeals regarding the RGI calculation.
Tenant
Arguments
Tenant mainly disputes the RGI process and the delay in reaching a decision.
Actions
Tenant disputed the timing of the RGI recalculation and submitted that she had always filed the proper paperwork on time.
Decision Summary
The Tenant's request for an adjournment was denied as she was able to reasonably participate in the hearing. The Landlord served a valid N4 Notice, and the Tenant did not void it by paying the arrears. The Tenant's dispute related to the RGI calculation process, which is outside the Board's jurisdiction. The Board found that the eviction would not be unfair to grant under section 83 of the Act. The Tenant paid $3,303 into the Board in trust, which shall be paid out to the Landlord to void the termination of the tenancy.
Reason for Eviction Relief
Tenant paid $3,303 into the Board in trust, which shall be paid out to the Landlord to void the termination of the tenancy.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$522
Rent Arrears
$3,117
Application Fee
$186
Total Owing
$3,303 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.