Landlord Wins Persistent Late Payment Case: Dastous v Ehioghiren 2023
Hamilton tenant evicted for persistent late rent payments, ordered to pay $9129 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1,736 Cannon St E, Hamilton, ON L8L2G9
Decision in favor of
landlord
Balance Owed to Landlord
$9,129
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Nov 2023
Order Date
Dec 6, 2023
Tenancy End Date
Dec 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to failure to pay rent on time. The Landlord served a valid N8 notice alleging the Tenant paid rent late 8 times over a 12-month period. The Tenant testified that he paid rent late every month over a 14-month period due to financial difficulties.
Determinations
- Landlord served valid N8 Notice
- Tenant paid rent late 8 times in 12-month period
- Tenant paid rent late every month for 14-month period
- Tenant in possession on application date
- Lawful rent due on 1st of each month
Case Study
The Landlord proved the grounds for termination of the tenancy due to the Tenant's persistent late payment of rent. The Tenant was unable to demonstrate that it would be unfair to grant the eviction order, given the long and consistent record of late rent payments and the Tenant's ongoing financial constraints.
Arguments and Actions
Landlord
Actions
Landlord's representative submitted that the Landlord sent letters to the Tenant on October 21, 2022 and November 2, 2023 offering a payment plan, but the Tenant's counter-proposal of 39 months to repay the arrears was unacceptable.
Tenant
Actions
Tenant testified that he encountered financial difficulties starting in January 2022 when he lost his job and all his employment income. He held several short-term jobs since then, but was unable to pay rent on time due to lack of steady income.
Decision Summary
The tenancy is terminated effective December 17, 2023. The Tenant must pay the Landlord $9,129.06, which includes rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $46.03 per day starting November 16, 2023 until the Tenant moves out. If the Tenant does not vacate by December 17, 2023, the Landlord can file the order with the Sheriff for enforcement starting January 3, 2024.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$11,100
Application Fee
$186
Rent Deposit
$1,400
Deposit Interest
$47
Total Owing
$9,129 (Owed to Landlord)
Source
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