Landlord Wins Eviction Case: Le v Steeves 2023
Hamilton landlord wins eviction case, tenant ordered to pay $9120
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 3 Janet Court, Hamilton, ON L8E4X8
Decision in favor of
landlord
Balance Owed to Landlord
$9,120
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2022
Order Date
Apr 26, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference, damage to the premises, illegal acts, and the Landlord's good faith need for personal use of the rental unit.
Determinations
- Landlord served valid N12 notice
- Landlord requires unit for personal use for at least 1 year
- Landlord compensated Tenant 1 month's rent
- Tenant owes $10,191.78 in daily compensation
- Tenant owes $32.88/day from Oct 20, 2022 until move-out
- Rent deposit to be applied to last month's rent
- Tenant owes $72.17 in rent deposit interest
Case Study
The tenancy agreement was for the rental of the main floor unit at 3 Janet Court, with a monthly rent of $1,000. The Tenant created a separate basement unit, which was rented to another tenant. The Tenant was aware of this change and benefited from it, as she was not held accountable for the full $2,000 per month when she fell behind in rent. The N12 notice was not defective due to the address, and the N5 and N6 notices were also valid.
Decision Summary
The tenancy is terminated, and the Tenant must move out by May 31, 2023. The Tenant owes the Landlord $9,119.61, which includes compensation for use of the unit from December 2021 to October 2022, less the rent deposit and interest owed on the deposit. The Tenant also owes $32.88 per day from October 20, 2022 until the move-out date.
Reason for Eviction Relief
It would not be unfair to postpone the eviction until May 31, 2023
Adjudicator Details
LTB Member
Total Orders
18
Landlord Favorable
94.4%
Tenant Favorable
5.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,000
Application Fee
$201
Rent Deposit
$1,000
Deposit Interest
$72
Other Owed Amount
$10,192
Daily compensation for use of unit
Total Owing
$9,120 (Owed to Landlord)
Source
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