Landlord Wins Eviction Case Against Non-Paying Tenants in Hamilton: The Effort Trust Company v Pejic 2021
Hamilton landlord awarded $6204 in rent arrears and eviction of non-paying tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 60 Jerome Crescent, Hamilton, ON L8E3G9
Decision in favor of
landlord
Balance Owed to Landlord
$6,204
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Aug 24, 2021
Tenancy End Date
Sep 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 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 not paid rent from March 1, 2021 to July 31, 2021.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from March 1, 2021 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective March 31, 2021. The Landlord collected a rent deposit of $985.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from May 1, 2013 to March 31, 2021. The adjudicator found that it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent from March 1, 2021 to July 31, 2021.
Decision Summary
The tenancy was terminated effective September 4, 2021. The tenants are ordered to pay $6,018.01 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenants must also pay $34.42 per day for compensation for the use of the unit starting August 25, 2021 until they move out.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$7,329
Application Fee
$186
Rent Deposit
$985
Deposit Interest
$116
Total Owing
$6,204 (Owed to Landlord)
Source
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