Landlord Wins Non-payment Case: Victoria Park Community Homes v Lupson 2023
Hamilton tenant evicted for non-payment of rent, owes $4956 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1510 40 Oxford St, Hamilton, ON L8R2X2
Decision in favor of
landlord
Balance Owed to Landlord
$4,956
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Aug 21, 2023
Tenancy End Date
Sep 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $734 due on 1st of each month
- Tenant paid $7,090 since application filed
- Rent arrears owing to May 31, 2023 are $1,834
- Landlord incurred $186 application filing fee
- Landlord holds $717 rent deposit with $20.36 interest
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the application filing fee, and compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on August 4, 2022, without paying full rent arrears.
Decision Summary
The tenancy is terminated unless the tenant pays $4,956 by September 30, 2023 to void the order. If the tenant does not pay, they must vacate the unit by September 30, 2023 and pay the landlord $596.90 plus daily compensation of $24.13 per day from May 3, 2023 until the tenant moves out.
Reason for Eviction Relief
Tenant is ODSP recipient and rent is paid directly to landlord. Rent has increased but not reflected in ODSP payments, so additional time is granted to allow tenant to update ODSP.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$734
Rent Arrears
$11,860
Application Fee
$186
Rent Deposit
$717
Deposit Interest
$20
Total Owing
$4,956 (Owed to Landlord)
Source
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