CMHA TB v Schofield

Landlord wins · 2020-02-11

Adjudicator

Anna Solomon

Dispute

Tenant No Longer Qualifies For Unit

Notice

N8 - Termination for Landlord's Own Use

Amount

<$5K

Landlord

C.T.

Tenant

S.B.S.

Landlord rep

J C, J X

Tenant rep

J D

What happened

Landlord applied to terminate the tenancy and evict the Tenant because the Tenant no longer qualifies to live in the rent-geared-to-income (RGI) rental unit. The Tenant lost her housing subsidy and was able to pay the market rent for a year, making her ineligible for the RGI unit.

The ruling

The tenancy is terminated effective May 31, 2020. The Tenant must vacate the unit by that date and pay the Landlord $211.13, which includes $175 for the application fee and $36.13 per day in compensation for use of the unit after June 1, 2020. If the Tenant does not pay the full amount by May 31, 2020, they will owe interest at 3% annually on the outstanding balance.