Oshodi v Park: Non-payment of Rent Case in Hamilton, ON L8H5L6
Hamilton tenants ordered to pay $9380 in rent arrears after vacating unit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 49 Selkirk Ave, Hamilton, ON L8H5L6
Decision in favor of
landlord
Balance Owed to Landlord
$9,380
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Tenancy End Date
Jan 2023
Hearing Date
Jan 2023
Order Date
Mar 3, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 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. The tenants had vacated the rental unit on January 3, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $2,900.00 since application filed
- Tenants vacated on 2023-01-03
Case Study
The Tenants could have potentially avoided eviction by paying the rent arrears before the termination date in the N4 Notice or before the application was filed. Their absence at the hearing also prevented them from presenting any defense or explanation for their non-payment.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed the application after tenants failed to pay arrears.
Tenant
Actions
Tenants vacated the rental unit on January 3, 2023, without paying full rent arrears. Tenants failed to attend the hearing.
Procedural Errors
Tenants failed to attend the hearing, preventing them from presenting any defense or explanation for their non-payment.
Decision Summary
The tenancy was terminated effective January 3, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $9,380.00 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$12,100
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$54
Total Owing
$9,380 (Owed to Landlord)
Source
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