Landlord Wins Eviction Case Against Non-Paying Tenants in Hamilton: Bendzsel v Davidson 2023
Hamilton tenants evicted for non-payment of $9839 in rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 150 Hughson St S, Hamilton, ON L8N2B4
Decision in favor of
landlord
Balance Owed to Landlord
$9,839
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Jan 2023
Order Date
Jan 27, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $811.50 due on 1st of each month
- No last month's rent deposit
- Rent arrears owing to 2023-01-31 are $10,038
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Tenant paid $3,646 since application filed
- Unfair to grant relief from eviction
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. As the Tenant was still in possession of the rental unit on the hearing date, the tenancy is terminated unless the Tenant voids the order by paying the full amount owing.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $10,224 by 2023-01-31 or $11,035.50 by 2023-02-07 to void the order. If the Tenant does not void the order, they must pay $9,839.38 to the Landlord and vacate the unit by 2023-02-07.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$812
Rent Arrears
$10,038
Application Fee
$186
Total Owing
$9,839 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.