Landlord Wins Non-payment Case: Boychuk v Penagos 2024
Hamilton tenants face eviction for non-payment of rent, owe $7170 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 21 Rapallo Dr, Hamilton, ON L8T3X6
Decision in favor of
landlord
Balance Owed to Landlord
$7,170
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Jun 2024
Order Date
Jul 12, 2024
Tenancy End Date
Jul 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 on the hearing date.
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
Decision Summary
Unless the Tenant voids the order by paying $11,014 on or before July 23, 2024, the tenancy is terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $7,170.48, 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
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,812
Rent Arrears
$9,016
Application Fee
$186
Rent Deposit
$1,725
Deposit Interest
$103
Total Owing
$7,170 (Owed to Landlord)
Source
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