Toronto Community Housing Corporation v St clair - Landlord Wins Misrepresentation of Income Case
Toronto social housing provider successfully evicts tenant for misrepresenting household income, recovers over $18000
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1113 57 Mabelle Ave, Etobicoke, ON M9A4Y5
Decision in favor of
landlord
Balance Owed to Landlord
$18,156
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant knowingly misrepresenting their income or the income of other household members. The Landlord claimed the Tenant was not residing in the rental unit and was residing in Grimsby instead.
Determinations
- Landlord served valid N6 Notice
- Tenant was in possession on application date
- Tenant failed to report change in household composition
- Tenant failed to report income from multiple sources
- Tenant not residing in rental unit since September 2022
- Tenant's children enrolled in school in Grimsby
Arguments and Actions
Tenant
Actions
Tenant did not reside in the rental unit since September 2022 and failed to report change in household composition and income.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective July 21, 2024. The Tenant must pay the Landlord $18,155.60, which includes rent arrears, compensation for use of the unit, and the application filing fee. If the Tenant does not vacate by July 21, 2024, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,811
Rent Arrears
$12,476
Application Fee
$186
Total Owing
$18,156 (Owed to Landlord)
Source
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