Landlord Wins Non-payment Case: Korber v Wilson 2024
Hamilton tenants face eviction for non-payment of rent, owe $23455 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 16 Huntington Ave, Hamilton, ON L8T1X6
Decision in favor of
landlord
Balance Owed to Landlord
$23,455
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Feb 2024
Order Date
Mar 28, 2024
Tenancy End Date
Apr 2024
We estimate Application Date using rent arrears.
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 tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenant indicated they could not afford a payment plan for the arrears or the lawful monthly rent going forward as they are not working and only receive approximately $700-800 a month in income.
Decision Summary
Unless the Tenant voids the order by paying $28,609.11 by March 31, 2024 or $30,633.48 by April 8, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $23,455.25, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay compensation of $66.55 per day for use of the unit starting February 15, 2024 until they move out.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Lawful Rent
$2,024
Rent Arrears
$26,399
Application Fee
$186
Rent Deposit
$1,975
Deposit Interest
$62
Total Owing
$23,455 (Owed to Landlord)
Source
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