Landlord Wins Non-payment Case: Ari & Jet Investments Inc v Boudreau 2024
Hamilton tenants evicted for non-payment of rent, owe $35186 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
131 Bell Ave, Hamilton, ON L8K3E5
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Feb 2024
Order Date
Mar 6, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenant Taurai Sibotshiwe stated that Chantal Boudreau had moved out in February 2023, but the Landlord disputed this and reported that Ms. Boudreau has been observed at the residence.
Decision Summary
Unless the Tenants void the order by paying $44,206 on or before March 17, 2024, the tenancy will be terminated. If the Tenants do not void the order, they must pay the Landlord $35,186, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
23.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$3,575
Rent Arrears
$40,445
Application Fee
$186
Rent Deposit
$2,990
Deposit Interest
$90
Total Owing
$35,186 (Owed to Landlord)
Source
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