Landlord Wins Eviction Case: Deloreto v Ali 2023
Hamilton tenant ordered to pay $28500 or vacate by May 31 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
20 Britannia Ave, Hamilton, ON L8H1W4
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Feb 2023
Order Date
May 8, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the previous order, alleging that she was not reasonably able to participate in the initial proceedings.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,500 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to February 28, 2023 are $24,000
- Tenant has $1,500 rent deposit and $33.41 interest on deposit
Case Study
The Tenant's request for review was granted, as the Tenant was found to not have been reasonably able to participate in the initial proceedings. The Landlord's L1 application was then heard de novo. The Landlord served a valid N4 notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Arguments and Actions
Landlord
Actions
Landlord's representative submitted that he personally dropped off an L1/L9 update and a copy of the hearing notice to the Tenant's mailbox.
Tenant
Actions
Tenant submitted that she had inadvertently written down the wrong hearing date and had every intention of participating.
Decision Summary
The tenancy is terminated unless the Tenant pays $28,500 to void the order by May 31, 2023. If the Tenant does not pay, they must vacate the unit by May 31, 2023. The Tenant will also owe daily compensation of $49.32 from February 28, 2023 until they move out.
Reason for Eviction Relief
The Tenant has two young children and had recently lost her job.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$24,000
Rent Deposit
$1,500
Deposit Interest
$33
Total Owing
$22,298 (Owed to Landlord)
Source
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