Landlord Wins Eviction Case Against Tenant Unable to Pay Rent: Executive Properties Inc v Jordan 2021
Tenant ordered to vacate Hamilton rental unit and pay over $5000 in rent arrears and costs
Summarized by RentZenLast updated: July 26, 2024
Case Summary
12 Macnab Street S, Hamilton, ON L8P3C2
Decision in favor of
landlord
Balance Owed to Landlord
$5,103
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2021
Hearing Date
Oct 2021
Order Date
Oct 22, 2021
Tenancy End Date
Nov 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.
Determinations
- Tenant has not paid rent from February 1, 2021 to October 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,200
- Tenant made no payments since application filed
- Landlord holds $1,200 rent deposit
Case Study
The Tenant had section 82 issues but failed to inform the Landlord and provide reasonable justification, so he was not permitted to raise them at the hearing. The Tenant reserves the right to file his own application to address these issues.
Arguments and Actions
Landlord
Actions
Landlord sympathetic to Tenant's situation and agreed to 30-day postponement of eviction.
Tenant
Actions
Tenant lost job due to COVID-19 and only has ODSP benefits of $1,300 per month. Requested repayment plan but unlikely to be able to afford rent and pay arrears.
Procedural Errors
Tenant failed to inform Landlord of intent to raise section 82 issues and provide reasonable justification, so not permitted to raise them at hearing.
Decision Summary
The tenancy is terminated effective November 22, 2021. The Tenant must pay $5,103.42 to the Landlord, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. If the Tenant does not pay the full amount by November 22, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
1055
Landlord Favorable
94.6%
Tenant Favorable
2.6%
Mutual Agreement
2.8%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$5,400
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$0
Total Owing
$5,103 (Owed to Landlord)
Source
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