Landlord Wins Non-payment Case: Kukkala v Sopko 2024
Hamilton tenants evicted for non-payment of $32000 in rent, ordered to pay $27308
Summarized by RentZenLast updated: September 23, 2024
Case Summary
84 Montmorency Dr, Hamilton, ON L8K6P4
Decision in favor of
landlord
Balance Owed to Landlord
$27,308
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jul 2024
Order Date
Aug 7, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 N4 Notice, which the Tenants did not void by paying the arrears. The Tenants had five children and were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $4,000 per month
- Rent arrears of $32,000 as of hearing date
- Landlords incurred $186 in application filing fees
Case Study
The Tenants' request for an adjournment was denied as they did not provide sufficient justification and had adequate time to prepare. The Landlords served a valid N4 Notice, and the Tenants did not void it by paying the arrears. The Board considered the Tenants' circumstances, including their five children, but found it would not be unfair to postpone the eviction until August 31, 2024.
Decision Summary
The tenancy is terminated unless the Tenants pay $36,186 by August 31, 2024 to void the order. If the Tenants do not pay, they must vacate the unit by August 31, 2024, and pay the Landlords $27,307.72 plus daily compensation of $131.51 from July 26, 2024 until they move out.
Reason for Eviction Relief
Tenants have five children between 1-16 years old. Tenant A.L. was employed, and Tenant J.S. is a stay-at-home mom. Postpone eviction to allow Tenants time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Lawful Rent
$4,000
Rent Arrears
$32,000
Application Fee
$186
Rent Deposit
$4,000
Deposit Interest
$166
Total Owing
$27,308 (Owed to Landlord)
Source
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