Landlord Wins Non-payment Case: 1396889 Ontario Inc v Ouellette 2023
Windsor tenants evicted for non-payment of rent, owe $12986 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3176 Wyandotte St w, Windsor, ON N9C1M6
Decision in favor of
landlord
Balance Owed to Landlord
$12,986
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2023
Hearing Date
Aug 2023
Order Date
Sep 15, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
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 application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit on the hearing date, and the landlord was entitled to the rent arrears up to that date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenants Terry Ouellette and Kristen Laliberte each receive Ontario Works benefits of $730 per month. Tenant Tom Ouellette receives ODSP benefits of $1,280 per month. Their monthly expenses are approximately $1,700, not including rent.
Decision Summary
The tenancy will be terminated on September 26, 2023 unless the tenants pay $14,586 to void the order and continue the tenancy, or $12,986 if the tenancy is terminated. The tenants must also pay daily compensation of $52.60 per day starting September 1, 2023 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$12,800
Application Fee
$186
Total Owing
$12,986 (Owed to Landlord)
Source
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