Landlord Wins Non-payment Case: 2607534 Ontario Inc. v Armstrong 2024
Hamilton landlord wins $7292 in non-payment case, tenant faces eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2 St Matthew's Ave, Hamilton, ON L8L5P3
Decision in favor of
landlord
Balance Owed to Landlord
$7,292
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 10, 2024
Tenancy End Date
May 2024
Dispute Summary
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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $8,652.28 by April 30, 2024 or $9,875.00 by May 1, 2024. If the Tenant does not void the order, the Tenant must move out by May 1, 2024 and pay the Landlord $7,292.24 plus daily compensation of $40.20 from March 28, 2024 until the move-out date.
Reason for Eviction Relief
On consent of the parties, the eviction is postponed until May 1, 2024 pursuant to subsection 83(1)(b) of the Act.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,223
Rent Arrears
$7,244
Application Fee
$186
Total Owing
$7,292 (Owed to Landlord)
Source
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