HAMILTON EAST KIWANIS NP HOMES INC. v Omobogie - 2024 ONLTB 44030
Hamilton landlord wins $11650 rent dispute, tenant faces eviction for non-payment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
85 1540 Upper Wentworth St, Hamilton, ON L9B2K4
Decision in favor of
landlord
Balance Owed to Landlord
$11,650
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
May 2024
Order Date
Jul 17, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,112 due on 1st of each month
- Tenant paid $524 since application filed
- Rent arrears owing to 2024-05-31 are $11,772
Arguments and Actions
Landlord
Arguments
The Landlord contested the Tenant's request for an adjournment on the basis that the Tenant's subsidy was removed one year ago and the Tenant has had ample time to request an internal review and contest the loss of her subsidy.
Tenant
Arguments
The Tenant sought an adjournment to request an internal review and contest the loss of her subsidy.
Actions
The Tenant disputed the quantum of arrears on the basis that her housing subsidy had been revoked when it should not have been and she is contesting the revocation.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $14,182 by July 31, 2024 or $15,294 by August 31, 2024. If the Tenant does not void the order, the Tenant must move out by August 31, 2024 and pay the Landlord $11,650.32 plus daily compensation of $36.56 from May 23, 2024 until the move-out date.
Reason for Eviction Relief
The Tenant has two children and is currently a full-time student, and I find that a delay is appropriate to allow the Tenant additional time to contest the loss of her subsidy or secure alternate accommodation for her family.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,112
Rent Arrears
$11,772
Application Fee
$186
Total Owing
$11,650 (Owed to Landlord)
Source
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