Toronto Community Housing Corporation v Sheik-ali - LTB Ruling on Misrepresentation of Income
Tenant ordered to pay $35186 and face eviction for misrepresenting household income in Toronto Community Housing unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
62 Jamestown Cres, Etobicoke, ON M9V3M5
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 8, 2024
Tenancy End Date
Aug 2024
Dispute Summary
The Landlord, Toronto Community Housing Corporation, applied for an order to terminate the tenancy and evict the Tenant, Maryan B. Sheik-Ali, because the Tenant has knowingly misrepresented their income or the income of other members of the Tenant's family who occupy the unit. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Landlord proved grounds for termination on balance of probabilities
- Tenant concedes and will not challenge basis for N6 notice
- Tenant owes $51,048 in rent based on misrepresented income
- Board's monetary jurisdiction is $35,000, excess rent extinguished
- Landlord entitled to $186 application filing fee reimbursement
- No last month's rent deposit
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective August 31, 2024. The Tenant must pay the Landlord $35,000 for misrepresented income and $186 for the application filing fee, for a total of $35,186. If the Tenant does not pay the full amount by August 31, 2024, they will owe interest starting September 1, 2024 at 7% annually on the outstanding balance. If the unit is not vacated by August 31, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$2,434
Rent Arrears
$51,048
Application Fee
$186
Total Owing
$35,186 (Owed to Landlord)
Source
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