Landlord Wins Non-payment Case: City Housing Hamilton Corp v Aimee Sinclair Kennedy 2023
Hamilton tenant ordered to pay $16899 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 77 Purnell Dr, Hamilton, ON L9C4Y4
Decision in favor of
landlord
Balance Owed to Landlord
$16,899
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not void the N4 notice by paying the arrears.
Determinations
- Tenant's adjournment request denied
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,182 per month
- No payments made since application filed
Case Study
The LTB does not have jurisdiction to calculate the monthly rent of an RGI unit. The Tenant had sufficient time to submit the necessary documents to calculate the rent. The Landlord served a valid N4 notice and the Tenant did not void it by paying the arrears.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $17,576 by April 30, 2023 or $18,758 by May 31, 2023 to void the order. If the Tenant does not pay, they must vacate by May 31, 2023 and pay $16,899.18 plus daily compensation.
Reason for Eviction Relief
To allow the Tenant to pay the arrears or move out
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,182
Rent Arrears
$17,390
Application Fee
$186
Total Owing
$16,899 (Owed to Landlord)
Source
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