Landlord and Tenant Reach Agreement in Hamilton Rental Dispute: Ortiz v Miller 2022
Landlord and tenants in Hamilton reach agreement on termination, utilities, and damages through LTB mediation
Summarized by RentZenLast updated: August 6, 2024
Case Summary
35 Highland Avenue, Hamilton, ON L8L1Y8
Dispute resolved in
agreement
Balance Owed to Landlord
$4,093
Dispute Categories
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Timeline
Application Date
Jan 2022
Hearing Date
Aug 2022
Order Date
Aug 22, 2022
Tenancy End Date
Oct 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date, and for unpaid utility costs and damages.
Determinations
- Tenancy terminated effective October 1, 2022
- Tenants must vacate by October 1, 2022
- Landlord compensated Tenants one month's rent
- Tenants owe $1,493.23 for unpaid utilities
- Tenants must repair backyard doors or pay $2,600 for damages
Decision Summary
The tenancy is terminated effective October 1, 2022, and the Tenants must vacate the unit by that date. The Landlord compensated the Tenants one month's rent. The Tenants owe the Landlord $1,493.23 for unpaid utilities and must repair the backyard doors or pay $2,600 for damages. If the unit is not vacated by October 1, 2022, the Landlord can file the order with the Court Enforcement Office for enforcement, and the Tenants will owe per diem compensation of $65.75 starting October 2, 2022.
Adjudicator Details
LTB Member
Total Orders
11
Landlord Favorable
18.2%
Tenant Favorable
0.0%
Mutual Agreement
81.8%
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Financial Details
Rent Deposit
$2,000
Damages
$2,600
Other Owed Amount
$1,493
Unpaid utilities
Total Owing
$4,093 (Owed to Landlord)
Source
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