The Effort Trust Company v Mingo - Landlord Wins Non-payment Case
Hamilton landlord wins $174 in rent dispute, tenant ordered to vacate by November 3
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 21 Duke St, Hamilton, ON L8P1W8
Decision in favor of
landlord
Balance Owed to Landlord
$174
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Oct 2023
Order Date
Oct 19, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord also claimed charges related to NSF cheques.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $824 due on 1st of each month
- Tenant paid $4,000 since application filed
- Rent arrears owing to October 31, 2023 are $1,334
- Landlord entitled to $40 for NSF charges
- Landlord entitled to $186 for application filing fee
- Landlord holds $729 rent deposit with $103.49 interest
Case Study
The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears, NSF charges, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy is terminated unless the Tenant pays $1,560 by October 31, 2023 or $2,384 by November 3, 2023 to void the order. If the Tenant does not void the order, the Tenant must move out by November 3, 2023 and pay the Landlord $174.41, plus daily compensation of $27.09 from October 11, 2023 until the move-out date.
Reason for Eviction Relief
The parties consented to the extended eviction date, and I am satisfied that the Tenant understood the terms.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$824
Rent Arrears
$1,334
Application Fee
$186
Rent Deposit
$729
Deposit Interest
$103
Other Owed Amount
$40
NSF charges
Total Owing
$174 (Owed to Landlord)
Source
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