Landlord Wins Eviction Case Against Non-Paying Tenants in Hamilton: Ramona Holdings Ltd v Diruscio and Warren 2021
Hamilton landlord successfully evicts tenants owing $14023 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1204 Bold Street, Hamilton, ON L8P1V6
Decision in favor of
landlord
Balance Owed to Landlord
$12,596
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2021
Order Date
Jun 1, 2021
Tenancy End Date
Jun 2021
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 the Tenants failed to meet a condition specified in a previous mediated settlement.
Determinations
- Mediated settlement allowed Landlord to apply to terminate tenancy without notice if Tenants did not meet certain conditions
- Tenants owed $14,023 in rent arrears and failed to make most of the required payments
- Unfair to grant relief from eviction under subsection 83(1) of the Act
Case Study
The Tenants were seeking a delay until June 30, 2021 to terminate the tenancy, but the Landlord requested a standard termination date. The Landlord testified that the order would not be enforced before June 30, 2021 if the Tenants were taking steps to acquire alternative accommodations. The Adjudicator found that it would be unfair to grant relief from eviction under subsection 83(1) of the Act.
Arguments and Actions
Landlord
Actions
Landlord testified the order would not be enforced before June 30, 2021 if the Tenants were taking steps to acquire alternative accommodations.
Tenant
Arguments
Tenants sought a delay until June 30, 2021 to terminate the tenancy.
Actions
Tenants failed to pay most of the required rent payments and owed $14,023 in arrears.
Decision Summary
The tenancy is terminated effective June 12, 2021. The Tenants must pay the Landlord $12,596.06, representing the rent owing up to May 31, 2021 less the rent deposit and interest. The Tenants must also pay $45.86 per day for use of the unit from June 1, 2021 until they move out. If the full amount is not paid by June 12, 2021, the Tenants will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$14,023
Rent Deposit
$1,427
Total Owing
$12,596 (Owed to Landlord)
Source
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