Fatah v Moyer: Non-payment of Rent Case in Hamilton, ON L8H3N8
Hamilton tenants ordered to pay $4086 or face eviction for $10400 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
106 Stapleton, Hamilton, ON L8H3N8
Decision in favor of
landlord
Balance Owed to Landlord
$4,086
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Jul 2022
Order Date
Nov 23, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. As of the hearing date, the Tenants were still in possession of the rental unit and had not made any payments since the application was filed.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No last month's rent deposit
- No payments made since application filed
- Rent arrears owing to July 31, 2022 are $10,400.00
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants lost the case because they failed to pay rent arrears and could not provide guarantees or evidence of upcoming payments. They were unable to demonstrate how they would maintain good standing with their monthly rent obligations. The Board considered all circumstances, including the impact of COVID-19, and found it unfair to grant relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord is entitled to reimbursement of application filing costs.
Actions
Landlord served a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice).
Tenant
Arguments
Tenants were unable to provide any guarantees or evidence to show any upcoming payments.
Actions
Tenants testified that they will pay the amount owing to the Landlord by way of receiving monies from the Ontario Disability Support Program or by returning to work.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amounts. If not voided, the Tenants must move out by December 4, 2022, and pay $4,086.00 plus $42.74 per day from July 6, 2022, until they vacate. The Landlord may file for eviction enforcement starting December 5, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
56
Landlord Favorable
60.7%
Tenant Favorable
19.6%
Mutual Agreement
19.6%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$10,400
Application Fee
$186
Total Owing
$4,086 (Owed to Landlord)
Source
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