Hatzis v Luca
Last updated: August 8, 2025
Order
Ordered by Panagiotis Peter Roupas,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$6,480
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Hatzis v Luca, 2025 ONLTB 49992
File Number: LTB-L-026691-25
Timeline
Hearing Date
Jun 2025
Order Date
Jun 30, 2025
Tenancy End Date
Jul 2025
Decision
The tenancy is terminated unless the Tenant voids the order by paying either $6,886.00 by June 30, 2025, or $8,811.00 by July 11, 2025. If the order is not voided, the Tenant must vacate by July 11, 2025, and pay the Landlord $6,479.96 for arrears and costs, plus daily compensation of $63.29 from June 25, 2025, until moving out. Relief from eviction was denied.
Reason for Eviction Relief
Relief was denied because the Member was not satisfied the tenancy was viable given the Tenant's financial circumstances, and granting it would cause further prejudice to the Landlord.
Dispute
The Landlord applied to evict the Tenant for non-payment of rent. The Tenant did not void the N4 notice. At the hearing, the Tenant requested an extended eviction date. The Board denied the Tenant's request for relief from eviction, finding that the Tenant's financial circumstances made the tenancy unviable and that granting relief would be unfair to the Landlord.
Determinations
- Landlord served a valid N4 Notice.
- Tenant did not void the notice by paying the arrears.
- Tenant was in possession of the rental unit at the time of the hearing.
- Lawful rent is $1,925.00 per month.
- Tenant paid $2,125.00 since the application was filed.
- Rent arrears owing to June 30, 2025, are $6,700.00.
- It would be unfair to grant relief from eviction under subsection 83(1) of the Act.
Landlord's Arguments
Arguments
The Landlord's representative argued for a standard eviction order, citing the history of non-payment and the financial prejudice to the Landlord.
Actions and Evidence
The Landlord attempted to work out a payment plan with the Tenant to no avail before the hearing.
Tenant's Arguments
Arguments
The Tenant requested an extended eviction of one month to allow time to secure alternative housing or funds to pay the arrears owing.
Actions and Evidence
The Tenant failed to pay rent, resulting in arrears of $6,700.00. The Tenant cited their current life circumstances, health issues, employment status, and income as reasons for their financial difficulties.
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Financial Details
Lawful Rent
$1,925
Rent Arrears
$6,700
Application Fee
$186
Rent Deposit
$0
Deposit Interest
$0
Ordered Amount
$6,480 (to Landlord)
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