Landlord Wins Eviction Case Against Non-Paying Tenants in Hamilton: Javed v Berrios 2023
Hamilton landlord awarded $44800 in rent arrears after tenants fail to meet consent order terms
Summarized by RentZenLast updated: August 6, 2024
Case Summary
5 Priscilla Lane, Hamilton, ON L8E3K9
Decision in favor of
landlord
Balance Owed to Landlord
$44,800
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet a condition specified in a previous order issued by the Board.
Determinations
- Tenants owed $33,600.00 at previous hearing
- Consent order required Tenants to pay $20,000.00 by July 15, 2023
- Tenants have made no payments and now owe $44,800.00
- Tenants have not paid rent in 16 months
- It would be unfair to set aside the previous order
Case Study
The Tenants owed $33,600.00 at a previous hearing on June 28, 2023. The consent order required the Tenants to pay $20,000.00 of this amount in certified funds on or before July 15, 2023. The Tenants have made no payments to the Landlord and now owe $44,800.00 to the end of September 2023. The Tenants have not paid rent in 16 months. After considering all of the circumstances, the Board found that it would be unfair to set aside the previous order.
Decision Summary
The motion to set aside the previous order LTB-L-056363-23, issued on August 3, 2023, is denied. The stay of the previous order is lifted immediately, and the previous order remains unchanged.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$44,800
Total Owing
$44,800 (Owed to Landlord)
Source
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