Landlord Wins Non-payment Case: The Effort Trust Company v Hasan 2023
Waterloo tenant evicted for non-payment of rent, owes $189 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
154 Erb St E, Waterloo, ON N2J1M4
Decision in favor of
landlord
Balance Owed to Landlord
$189
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Aug 2023
Order Date
Nov 17, 2023
Tenancy End Date
Nov 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested an adjournment to raise issues under section 82 of the Residential Tenancies Act, 2006, but the request was denied as the Tenant did not provide the required disclosure in a timely manner. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $11,200 since application filed
Case Study
The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant's request for an adjournment to raise section 82 issues was denied due to lack of timely disclosure.
Arguments and Actions
Tenant
Actions
Tenant stated the reason for non-payment was due to a heating issue and requested an adjournment to raise section 82 issues.
Procedural Errors
Tenant did not provide required disclosure for section 82 issues in a timely manner.
Decision Summary
The tenancy is terminated unless the Tenant pays $8,328 to void the order by November 28, 2023. If the Tenant does not pay, the tenancy is terminated, and the Tenant must pay $188.90 to the Landlord plus daily compensation of $53.85 from August 2, 2023 until the Tenant vacates the unit. The Landlord is entitled to file the order with the Court Enforcement Office (Sheriff) for enforcement if the unit is not vacated by November 28, 2023.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,638
Rent Arrears
$3,228
Application Fee
$186
Rent Deposit
$1,599
Deposit Interest
$42
Total Owing
$189 (Owed to Landlord)
Source
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