Landlord Wins Eviction Case Against Disruptive Tenant in Hamilton: Pal Property Solutions v Voutour-warner 2024
Hamilton landlord awarded $4155 and granted eviction against disruptive tenant who failed to pay rent on time and caused property damage
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 183 Prospect St S, Hamilton, ON L8M2Z5
Decision in favor of
landlord
Balance Owed to Landlord
$4,155
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Mar 21, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord also applied to terminate the tenancy due to the Tenant substantially interfering with the reasonable enjoyment of the residential complex by other tenants.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,160.74 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears to March 31, 2024 are $1,179.00
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,100.00 rent deposit with $109.55 interest
- Landlord proven grounds for L2 application
- Tenant persistently paid rent late 8 times in 2021-2022
- Tenant's actions substantially interfered with other tenants' reasonable enjoyment
Case Study
The Landlord has proven the grounds for termination of the tenancy and claims for compensation. The Tenant failed to void the N4 and N8 notices and continued to engage in behavior that substantially interfered with the reasonable enjoyment of the residential complex by other tenants. Relief from eviction is not warranted given the persistent late payment, continued behavior of the Tenant, and the Tenant's failure to attend the hearing.
Arguments and Actions
Tenant
Actions
Tenant flushed feminine hygiene products down the toilet, causing plumbing issues and disruption to other tenants. Tenant failed to remove debris from porch as requested, leading to pest issues.
Decision Summary
The tenancy is terminated effective April 1, 2024. The Tenant must pay the Landlord $4,155.45, which includes rent arrears, the application filing fee, and reimbursement for plumbing maintenance and door replacement costs. If the Tenant does not pay the full amount by April 1, 2024, they will owe interest at 7% annually on the outstanding balance. If the unit is not vacated by April 1, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,161
Rent Arrears
$1,179
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$110
Damages
$4,000
Total Owing
$4,155 (Owed to Landlord)
Source
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