LTB Upholds Eviction: Ruysam v Tenn-yuk 2024 - Rent Arrears Case
LTB denies tenants' motion to set aside eviction order in Hamilton rent arrears case
Summarized by RentZenLast updated: August 27, 2024
Case Summary
Unit ****, 590 Main St E, Hamilton, ON L8M1J6
Decision in favor of
landlord
Balance Owed to Landlord
-
Dispute Categories
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Timeline
Hearing Date
May 2024
Order Date
Jun 11, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to meet conditions specified in a previous LTB order regarding rent payment. Tenants filed a motion to set aside the eviction order, citing financial difficulties and requesting a new payment plan.
Determinations
- Tenants failed to meet conditions of previous LTB order
- Tenants failed to pay full amount due on March 15, 2024
- Tenants failed to pay April and May rent and arrears payments
- Tenants' employment situation unchanged since original agreement
- Landlord under financial pressure due to non-payment
- Setting aside the eviction order deemed unfair
Case Study
The Board considered the Tenants' failure to meet the conditions of the previous order, their ongoing financial difficulties, and the Landlord's financial pressure. The Board found it unfair to set aside the eviction order given the Tenants' unchanged employment situation and the Landlord's financial difficulties.
Arguments and Actions
Landlord
Arguments
Landlord argued that payment of rent has been an ongoing issue since 2021.
Actions
Landlord testified to being under extreme financial pressure due to Tenants not paying rent or arrears. His interest rate has increased, insurance went up, and property taxes increased. He is using a line of credit to make ends meet.
Tenant
Arguments
Tenants requested the Board to consider a new payment plan, citing they have applied for assistance from the city of Hamilton to help pay the arrears.
Actions
Tenants testified they were only able to send $3,000.00 on March 15, 2024, due to a send limit on their bank account. They paid the balance the following day. Tenants failed to pay April's and May's rent and arrears payments.
Aggravating Factors
Ongoing issues with rent payment since 2021
Decision Summary
The Board denied the Tenants' motion to set aside the eviction order LTB-L-023064-24. The stay on the eviction order was lifted immediately, allowing the eviction to proceed.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Rent Arrears
$3,165
Source
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