Landlord Wins Eviction Case Against Tenants with Rent Arrears: Valor Properties Inc. v Karas 2024
Hamilton landlord awarded $30117 in rent arrears, tenants evicted
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 500 Mohawk Rd E, Hamilton, ON L8V2J1
Decision in favor of
landlord
Balance Owed to Landlord
$30,117
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 6, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenants did not void by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants persistently late in paying rent
- Tenants have not made any payments since application filed
Case Study
The Landlord served valid N4 and N8 notices, and the Tenants did not void the notices by paying the arrears. The outstanding arrears are significant, and the evidence does not support that the Tenants will start paying the lawful monthly rent either in full or on time. However, the Tenants have a 1-year-old child living in the rental unit, so a short postponement of the eviction date is warranted to provide them time to find new accommodations.
Arguments and Actions
Tenant
Actions
Tenant Priscilla Mohlala testified that she lives in the rental unit with her 1-year-old child and wants until the middle of June to vacate the rental unit. She is not currently working and the only income she receives is her child tax credit.
Decision Summary
The tenancy is terminated effective May 26, 2024. The Tenants must pay the Landlord $30,117.24, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay daily compensation of $68.74 per day for the use of the unit starting April 23, 2024 until the date they move out. If the Tenants do not pay the full amount by May 26, 2024, they will start owing interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
To provide the Tenants and the one-year-old child living in the rental unit time to find new living accommodations.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$2,091
Rent Arrears
$32,582
Application Fee
$186
Rent Deposit
$1,990
Deposit Interest
$82
Total Owing
$30,117 (Owed to Landlord)
Source
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