Landlord Wins Non-payment Case: Cutler v Martinson 2023
Hamilton landlord wins $18419 in non-payment case, tenant evicted
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 128 Britannia Avenue, Hamilton, ON L8H1X1
Decision in favor of
landlord
Balance Owed to Landlord
$18,419
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Nov 2, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $740.05 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to August 31, 2023 are $16,012.40
- Landlord incurred $186 in application filing costs
- Landlord holds $714 rent deposit and $21.82 in interest
Case Study
The Tenant's arguments regarding maintenance issues and discontinuance of non-vital services were considered, but the issues did not rise to the level of a 'serious breach' under section 83(3)(a) of the Act. The Landlord took prompt and reasonable steps to address the issues raised by the Tenant. Therefore, mandatory refusal of eviction under section 83(3)(a) was not required.
Arguments and Actions
Landlord
Actions
Landlord testified that she attempted to rectify the issues raised by the Tenant, including replacing windows, sealing doors, and addressing mold.
Tenant
Arguments
Tenant sought relief from eviction under sections 83(3)(a) and 83(1) of the Act.
Actions
Tenant claims there were ongoing maintenance issues, including mold and temperature problems, and he withheld rent as a result.
Decision Summary
The tenancy is terminated unless the Tenant pays $18,418.55 to void the order by November 13, 2023. If the Tenant does not void the order, the Tenant must pay $14,618.10 to the Landlord and vacate the unit by November 13, 2023. The Tenant will also owe daily compensation of $24.33 per day starting August 30, 2023 until the unit is vacated.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Lawful Rent
$740
Rent Arrears
$16,012
Application Fee
$186
Rent Deposit
$714
Deposit Interest
$22
Total Owing
$18,419 (Owed to Landlord)
Source
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