Landlord Wins Non-payment Case: Abichedid v Seabrook 2024
Hamilton tenants face eviction for non-payment of rent, owe $7102 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 245 Bay St N, Hamilton, ON L8L1M2
Decision in favor of
landlord
Balance Owed to Landlord
$7,102
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jul 2023
Hearing Date
May 2024
Order Date
Jun 4, 2024
Tenancy End Date
Aug 2024
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,000 due on 1st of each month
Arguments and Actions
Tenant
Arguments
Tenants wished to raise issues under section 82 of the Act, but did not provide 7 days' written notice to the Landlord.
Actions
Tenants did not pay full rent arrears.
Procedural Errors
Tenants did not provide 7 days' written notice to raise issues under section 82.
Decision Summary
The Landlord's application is not refused under s. 83(3)(a) of the Act. The Tenants may void the order and continue the tenancy by paying the full amount owing by June 30, July 31, or August 31, 2024. If the Tenants do not void the order, the tenancy is terminated and the Tenants must vacate the unit by August 31, 2024.
Reason for Eviction Relief
Tenant requested additional 3 months to find new place to live, and Landlord was amenable to providing this
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$8,220
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$93
Total Owing
$7,102 (Owed to Landlord)
Source
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