Landlord Wins Eviction Case Against Non-Paying Tenant in Hamilton: O'Neill v Kearns 2023
LTB Ruling: Landlord Wins Eviction Case Against Non-Paying Tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 100 Balsam Ave S, Hamilton, ON L8M3B3
Decision in favor of
landlord
Balance Owed to Landlord
$7,157
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 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. 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. The tenant had not vacated the rental unit by the hearing date.
Determinations
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent increased to $932.53 effective 2023-01-01
- Rent arrears owing to 2023-06-30 are $8,453.92
- Tenant did not void notice by paying arrears
- Tenant paid $2,500 after application filed
- Tenant paid $840 rent deposit, with $170.27 interest owed
- Tenant still in possession on hearing date
Case Study
The Tenant can void the order and continue the tenancy by paying the full amount owing, including any additional rent that became due after the initial deadline. The Tenant may also make a motion to void the order if they have paid the full amount owing plus any additional rent. If the Tenant does not void the order, they must move out by the specified date and pay the remaining amount owing to the Landlord.
Arguments and Actions
Landlord
Actions
Landlord offered to negotiate a repayment plan but received no response from Tenant.
Tenant
Actions
Tenant has been in rent arrears for over a year and the arrears continue to grow.
Decision Summary
The tenancy is terminated unless the Tenant pays $8,639.92 by June 30, 2023 or $9,572.45 by July 10, 2023 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $7,157.02 to the Landlord and vacate the unit by July 10, 2023.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$932
Rent Arrears
$8,454
Application Fee
$186
Rent Deposit
$840
Deposit Interest
$170
Total Owing
$7,157 (Owed to Landlord)
Source
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