Interrent Holdings Manager LP v Hassan - 2024 LTB Ruling
Landlord wins $5090 in rent arrears case against Hamilton tenants who failed to pay rent and had maintenance issues
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1503 100 Main St E, Hamilton, ON L8N3W4
Decision in favor of
landlord
Balance Owed to Landlord
$5,090
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
May 2023
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 8, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The date the tenants vacated the rental unit is in dispute.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-05-18
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on May 18, 2023.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants due to non-payment of rent is granted. The Tenants are ordered to pay the Landlord $5,090.28, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants are also entitled to a rent abatement of $1,886.75 for the Landlord's failure to maintain the windows in a good state of repair.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,887
Rent Arrears
$8,681
Application Fee
$186
Rent Deposit
$1,849
Deposit Interest
$41
Total Owing
$5,090 (Owed to Landlord)
Source
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