Landlord Wins Eviction Case Against Tenant for Non-payment of Rent: Cityhousing Hamilton Corporation v McGillivray 2022
Landlord evicts tenant owing $6980 in rent arrears in Hamilton
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2772 Upper Paradise Road, Hamilton, ON L9C5P9
Decision in favor of
landlord
Balance Owed to Landlord
$6,652
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
Tenancy End Date
Mar 2022
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
- Interest owed to Tenant on rent deposit from January 1, 2021 to September 1, 2021
- Landlord holds $1,158.58 rent deposit
- Landlord served valid N4 Notice
- Rent increased to $1,170 on November 1, 2021 due to parking spot addition
- Tenant has not paid rent from August 1, 2021 to February 28, 2022
- Tenant in possession of rental unit
- Tenant paid $5,830 after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from August 1, 2021 to February 28, 2022. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant is ordered to move out by March 15, 2022, unless the Tenant pays the required amount to void the order and continue the tenancy.
Decision Summary
The tenancy is terminated effective March 15, 2022. The Tenant must move out by this date, unless the Tenant pays $1,336 by February 28, 2022 or $2,506 by March 15, 2022 to void the order and continue the tenancy. The Landlord is authorized to offset compensation for the Tenant's continued occupation and the application filing fee from the rent deposit owed to the Tenant.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,170
Rent Arrears
$6,980
Application Fee
$186
Rent Deposit
$1,159
Deposit Interest
$1
Total Owing
$6,652 (Owed to Landlord)
Source
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