Landlord Wins Non-payment Case: Weninger v Damerchie 2023
Hamilton tenant ordered to pay $12786 or vacate by July 31 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
527 Queensdale Ave East, Hamilton, ON L8V1L1
Decision in favor of
landlord
Balance Owed to Landlord
$10,861
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jul 7, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord also applied for an order to terminate the tenancy and evict the Tenant due to substantial interference, but withdrew this part of the application.
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
- No payments made since December 1, 2022
Case Study
The tenancy agreement was with both tenants as joint tenants, so the Tenant is legally responsible for the entire rent arrears. The Landlord served 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.
Arguments and Actions
Tenant
Actions
The Tenant says he was only responsible for paying half the monthly rent of $1,800.00. His portion is $900.00 monthly. Alternatively, the second tenant should be a named party.
Decision Summary
The tenancy is terminated unless the Tenant pays $12,786 by July 31, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by July 31, 2023 and pay the Landlord $10,861.29 plus daily compensation of $59.18 per day starting June 30, 2023 until the Tenant moves out.
Reason for Eviction Relief
The Tenant asks for additional time to move and the Landlord is amenable to giving him until July 31, 2023.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$12,600
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$41
Total Owing
$10,861 (Owed to Landlord)
Source
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