Landlord Wins Eviction Case Against Tenant with Significant Rent Arrears: Homestead Land Holdings Linited v Kondo 2023
Hamilton landlord awarded $18864 in rent arrears, evicts tenant with significant debt
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 33 Robinson St, Hamilton, ON L8P1Y8
Decision in favor of
landlord
Balance Owed to Landlord
$18,864
Dispute Categories
Notices Sent
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Timeline
Application Date
Nov 2022
Hearing Date
Mar 2023
Order Date
Jun 29, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent as per the consent order issued on October 21, 2022. The Tenant did not dispute breaching the consent order by not paying the November 2022 rent.
Determinations
- Landlord entitled to order for payment of arrears owing
- Landlord filed L4 application within 30 days of breach
- Tenant breached consent order by not paying November 2022 rent
- Tenant has significant rent arrears of $21,317 as of March 31, 2023
- Tenant's proposed payment plan found to be unreasonable
Case Study
The Tenant provided no documentary evidence to support their claim of financial hardship and inability to pay the rent arrears. The Landlord was entitled to request an order for payment of arrears owing under the previous order, and the Tenant's proposed payment plan was found to be unreasonable and prejudicial to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord argued an additional payment plan would be prejudicial as they were not satisfied the Tenant would pay as promised.
Actions
Landlord was sympathetic to the Tenant's needs and concerns, but opposed another payment plan as the Tenant had only paid $1,400 since November 2021 and owed $21,317 as of March 31, 2023.
Tenant
Arguments
Tenant proposed another payment plan to pay the rent on the 1st plus an additional $500 per month until the arrears were paid in full, arguing they would otherwise be homeless.
Actions
Tenant explained they almost died in 2020 from septicemia and gangrene, had to have a toe amputated, and attended rehabilitation due to a medication dependency. Tenant receives nursing care 3 times per week and believed they would receive a large lump sum from their income tax return, but did not file until the end of November.
Decision Summary
The tenancy is terminated effective July 31, 2023. The Tenant must pay the Landlord $18,864.25, which includes rent arrears up to March 7, 2023 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $44.92 per day for compensation for use of the unit starting March 8, 2023 until the Tenant moves out. If the Tenant does not pay the full amount by July 31, 2023, they will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Rent Arrears
$15,866
Rent Deposit
$1,350
Deposit Interest
$31
Other Owed Amount
$5,779
New Arrears from November 1, 2022 to March 7, 2023
Total Owing
$18,864 (Owed to Landlord)
Source
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