Landlord Wins Non-payment Case: Cityhousing Hamilton Corporation v Fleifel
Landlord wins $583 in Hamilton rent dispute, tenant ordered to pay arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
40 Broadway Ave, Hamilton, ON L8S2V9
Decision in favor of
landlord
Balance Owed to Landlord
$583
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Sep 2022
Order Date
Sep 26, 2022
We estimate Application Date using rent arrears.
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.
Determinations
- Landlord holds $823.98 rent deposit
- Landlord incurred $186.00 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $781.00 per month
- Rent arrears owing to 2022-09-30 are $1,221.00
- Tenant did not void notice by paying arrears
- Tenant paid $4,524.00 since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant alleged that the rent increases were defective, but the Landlord's rent increases from 2018 to 2021 were deemed lawful under the Residential Tenancies Act as the Tenant did not challenge them within the 1-year period.
Arguments and Actions
Tenant
Arguments
Tenant alleged that the rent increases from 2018 to 2022 were defective due to errors or defective service of the N2 notices.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears and costs in installments by December 15, 2022 and continues to pay the lawful monthly rent. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$781
Rent Arrears
$1,221
Application Fee
$186
Rent Deposit
$824
Total Owing
$583 (Owed to Landlord)
Source
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