Landlord Wins Persistent Late Payment Case: Guagliano v Johnson 2024
Hamilton tenant faces eviction for persistent late payment of rent, owes landlord $6880
Summarized by RentZenLast updated: November 3, 2024
Case Summary
325 East 15th St, Hamilton, ON L9A4G6
Decision in favor of
landlord
Balance Owed to Landlord
$6,880
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 11, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord also claimed compensation for substantial interference and unpaid utility costs.
Determinations
- Landlord served valid N8 Notice
- Tenant persistently late in paying rent
- Tenant in possession on application date
- Tenant responsible for unpaid utility costs
- Landlord incurred reasonable out-of-pocket expenses for unpaid utilities
Arguments and Actions
Landlord
Arguments
Tenant's payment proposal is unreasonable as it would take approximately a year to pay the arrears, and Tenant did not provide sufficient documentary evidence to corroborate her claims.
Tenant
Actions
Tenant has been behind in rent payments due to financial difficulties, including assisting unemployed children and paying for brother's eye surgery.
Decision Summary
The tenancy is terminated effective April 22, 2024. The Tenant must pay the Landlord $6,879.70, which includes rent arrears, application filing fee, and unpaid utility costs, minus the rent deposit and interest. The Tenant must also pay $47.80 per day for use of the unit starting March 15, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount by April 22, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
89.7%
Tenant Favorable
8.6%
Mutual Agreement
1.7%
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Financial Details
Lawful Rent
$1,454
Rent Arrears
$7,270
Application Fee
$186
Rent Deposit
$1,400
Deposit Interest
$195
Other Owed Amount
$1,803
Unpaid utility costs
Total Owing
$6,880 (Owed to Landlord)
Source
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