Landlords Win Eviction Case Against Tenants for Non-Payment of Rent: Lower v Sutor 2021
Landlords awarded $6630 in rent arrears, tenants ordered to vacate rental unit in Hamilton
Summarized by RentZenLast updated: July 26, 2024
Case Summary
217 Beach Road, Hamilton, ON L8L4A9
Decision in favor of
landlord
Balance Owed to Landlord
$6,630
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Aug 24, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants did not pay rent from January 1, 2021 to July 31, 2021
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Landlords collected $1,000 rent deposit
- Interest owed to Tenants on rent deposit from March 1, 2020 to February 10, 2021
Case Study
The Tenants have not paid the total rent they were required to pay for the period from January 1, 2021 to July 31, 2021. Because of the arrears, the Landlords served a valid Notice of Termination effective February 10, 2021. The Tenants did not void the notice by paying the arrears. The Landlords are entitled to the order to terminate the tenancy and evict the Tenants.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent from January 1, 2021 to July 31, 2021.
Decision Summary
The tenancy is terminated effective August 31, 2021. The Tenants must pay the Landlords $6,630.43, plus $32.88 per day starting August 25, 2021 until they vacate the unit. If the Tenants pay $7,891.00 on or before August 31, 2021, they can void the eviction order and continue the tenancy.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$7,705
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$1
Total Owing
$6,630 (Owed to Landlord)
Source
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