Cityhousing Hamilton Corporation v McGillivray
Last updated: July 22, 2024
Order
Ordered by Greg Brocanier,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$6,652
to Landlord
Dispute Categories
Notices Sent
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Citation: Cityhousing Hamilton Corporation v McGillivray, 2022 CanLII 128482 (ON LTB)
File Number: SOL-25642-21
Timeline
Application Date
Nov 2021
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
Tenancy End Date
Mar 2022
Decision
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.
Dispute
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
Landlord's Arguments
Tenant's Arguments
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Financial Details
Lawful Rent
$1,170
Rent Arrears
$6,980
Application Fee
$186
Rent Deposit
$1,159
Deposit Interest
$1
Ordered Amount
$6,652 (to Landlord)
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