Landlord Wins Eviction Case Against Tenant: Khalid v Le Blanc 2024
Hamilton landlord awarded $37786 in rent arrears, tenant faces eviction for non-payment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
61 Primrose Ave, Hamilton, ON L8L2K9
Decision in favor of
landlord
Balance Owed to Landlord
$37,786
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
Apr 2024
Order Date
May 21, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and causing serious problems in the rental unit or complex. The Landlord served a valid N4 notice, but the N7 notice was found to be invalid. The Tenant was in arrears of $16,100 as of the hearing date.
Determinations
- N7 notice was invalid as it did not indicate the ground for termination
- Landlord served valid N4 notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession at time of hearing
- Lawful rent was $2,300 until reduced to $2,000 in September 2023
- Tenant's claim of 4-month rent waiver dismissed due to lack of evidence
- Rent is due on the 15th of each month
- Tenant paid $5,400 since application filed
- Rent arrears of $35,600 as of May 14, 2024
- Landlord entitled to $186 application filing fee reimbursement
- Landlord holds $2,300 rent deposit plus $71.52 interest
- Relief from eviction denied due to Tenant's inability to pay full rent
Arguments and Actions
Landlord
Actions
Landlord lowered rent to $2,000 in September 2023 to help Tenant afford it.
Procedural Errors
N7 notice was invalid as it did not indicate the ground for termination.
Tenant
Actions
Tenant did not dispute receiving N4 notice.
Decision Summary
The tenancy is terminated unless the Tenant pays $37,786 by June 1, 2024 to void the order. If the Tenant does not pay, they must vacate by June 1, 2024 and pay the Landlord $33,573.48 plus daily compensation of $65.75 from April 17, 2024 until move-out. The Landlord's L2 application was dismissed due to invalid N7 notice.
Reason for Eviction Relief
Tenant is unable to pay full monthly rent required to sustain tenancy
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$35,600
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$72
Total Owing
$37,786 (Owed to Landlord)
Source
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