City Housing Hamilton v Yalda
Last updated: July 26, 2024
Order
Ordered by Alex Brkic,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: City Housing Hamilton v Yalda, 2021 CanLII 75462
File Number: SOL-15766-20
Timeline
Application Date
Oct 2020
Hearing Date
Jan 2021
Order Date
Feb 3, 2021
Tenancy End Date
Feb 2021
Decision
The tenancy is terminated effective February 28, 2021. The Tenant must pay the Landlord $9,064.40 in rent arrears and application costs, plus $37.50 per day in compensation starting February 4, 2021 until the Tenant vacates. If the Tenant pays $11,098 by February 28, 2021, the eviction order will be void and the tenancy will continue.
Dispute
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 had not paid the total rent owed from February 1, 2020 to January 31, 2021.
Determinations
- Tenant has not paid total rent owed from February 1, 2020 to January 31, 2021
- Landlord served valid N4 Notice
- Tenant made no payments after application filed
- No last month's rent deposit
- Tenant and Landlord had good working relationship in past
- Tenant received CERB but made no payments
- Tenant's income verification documentation outstanding
- Postpone eviction to February 28, 2021 under section 83
Landlord's Arguments
Actions and Evidence
Landlord attempted to contact Tenant about arrears in April, May, June and July 2020.
Tenant's Arguments
Arguments
Tenant asked for time to submit income verification documentation and find another unit.
Actions and Evidence
Tenant admitted to receiving CERB benefits but making no payments to the Landlord.
Need assistance from an expert?
Similar Cases
Click to switch between order outcomes
Etobicoke landlord wins $41,000 judgment after Board rules a $1.42 error does not invalidate an eviction notice.
ZHANG v CALVILLO
LTB denies tenants' review request after finding no error in the original eviction order despite tenants' claims of hardship and rent waivers.
John v Manor Park Management
LTB dismisses Ottawa tenants' claims that their landlord steered potential lease assignees to other vacant units.
Tenant's maintenance application dismissed by LTB for being too vague and failing to provide details for over a year.
Etobicoke landlord wins $41,000 judgment after Board rules a $1.42 error does not invalidate an eviction notice.
ZHANG v CALVILLO
LTB denies tenants' review request after finding no error in the original eviction order despite tenants' claims of hardship and rent waivers.
John v Manor Park Management
LTB dismisses Ottawa tenants' claims that their landlord steered potential lease assignees to other vacant units.
Tenant's maintenance application dismissed by LTB for being too vague and failing to provide details for over a year.
Etobicoke landlord wins $41,000 judgment after Board rules a $1.42 error does not invalidate an eviction notice.
ZHANG v CALVILLO
LTB denies tenants' review request after finding no error in the original eviction order despite tenants' claims of hardship and rent waivers.
John v Manor Park Management
LTB dismisses Ottawa tenants' claims that their landlord steered potential lease assignees to other vacant units.
Tenant's maintenance application dismissed by LTB for being too vague and failing to provide details for over a year.
Etobicoke landlord wins $41,000 judgment after Board rules a $1.42 error does not invalidate an eviction notice.
ZHANG v CALVILLO
LTB denies tenants' review request after finding no error in the original eviction order despite tenants' claims of hardship and rent waivers.
John v Manor Park Management
LTB dismisses Ottawa tenants' claims that their landlord steered potential lease assignees to other vacant units.
Tenant's maintenance application dismissed by LTB for being too vague and failing to provide details for over a year.
Abiodun-Adeyemi v Brown
Tenant's illegal money claim dismissed as LTB rules shared kitchen with Landlord exempts case from the Act.
Landlord awarded $1,769 for Tenant's negligent damage to stove, carpeting, and walls in Thornhill.
Landlord granted eviction for $22,341 in arrears, but LTB delays move-out date due to tenant's recent heart surgery.
Markham tenants granted a chance to stay in their home by paying over $13,000 in arrears under a consent agreement.
Latest Insights from Our Blog
Stay informed with expert analysis on rental law, tenant rights, and LTB decisions
Common Reasons Landlords Lose at the LTB (And How to Avoid Them)
Learn from real LTB cases why landlord applications fail. Discover the most common mistakes that lead to dismissed applications and practical strategies to strengthen your case and protect your investment.
Conditional Orders and Payment Plans: When the LTB Gives Tenants a Second Chance
Explore how conditional orders and payment plans work at Ontario's LTB, examining real cases where tenants avoided eviction and the factors that influence these crucial second chances.
Eviction Relief: Who Is Eligible and How It Is Granted in Ontario
A comprehensive guide to understanding relief from eviction at Ontario's Landlord and Tenant Board, including eligibility criteria, types of relief available, and real case examples showing when relief is granted or denied.
Need Legal Help? We've Got You Covered
Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.
Find Legal Professionals
Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.
Browse ProfessionalsPost Your Legal Needs
Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.
Post a BountyJoin thousands of Ontarians who have found legal help through our platform