Landlord Wins Eviction Case Against Non-Paying Tenant in Hamilton: Cityhousing Hamilton Corporation v Parker 2021
Hamilton landlord successfully evicts tenant owing $13976 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
21 Stonechurch Road E, Hamilton, ON L9B 2A3
Decision in favor of
landlord
Balance Owed to Landlord
$13,976
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2020
Hearing Date
Jul 2021
Order Date
Sep 28, 2021
Tenancy End Date
Oct 2021
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. The tenant had not vacated the rental unit at the time of the hearing.
Determinations
- Tenant has not paid rent from July 1, 2018 to July 31, 2021
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,089.00
- Tenant has made no payments since application filed
- Landlord collected $1,093.96 rent deposit from Tenant
- Interest on rent deposit is owed to Tenant from December 24, 2020 to February 29, 2020
Case Study
The Tenant has been working and according to her testimony, two or three adult members of her household have full-time jobs. The Tenant did not provide a credible explanation why she had not been able to pay her rent on a consistent basis for over a year. It would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord's employees attempted to contact the tenant by phone on January 20, February 12 and February 16, 2021, and attended the rental unit on March 12, March 16, and March 25. The tenant did not respond to any of the calls or visits.
Tenant
Actions
Tenant confirmed she did not dispute the amount of rent arrears. She explained she does not want to have to move as she believes she could not afford the rent elsewhere. She said she had started to make small payments, but fell behind again and has not made any payments since July of last year.
Decision Summary
The tenancy is terminated effective October 9, 2021. The tenant must pay $13,976.35 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. If the tenant does not pay the full amount by October 9, 2021, the landlord may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,089
Rent Arrears
$13,976
Application Fee
$186
Rent Deposit
$1,094
Deposit Interest
$20
Total Owing
$13,976 (Owed to Landlord)
Source
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