1766 University Holdings v Smedley: Non-payment of Rent Case in Windsor, ON
Windsor tenant ordered to pay $2589 or face eviction for non-payment of rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1766 University Ave W, Windsor, ON N9B1C4
Decision in favor of
landlord
Balance Owed to Landlord
$1,326
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2022
Hearing Date
Nov 2022
Order Date
Mar 2, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was not present at the hearing.
Determinations
- Landlord attempted to negotiate payment plan
- Landlord served valid N4 Notice
- Lawful rent is $880.00 due on 1st of each month
- Rent arrears owing to November 30, 2022 are $1,760.00
- Tenant did not void notice by paying arrears
- Tenant paid $6,160.00 since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears before the hearing date or by attending the hearing to present their case. To turn the decision around, the Tenant would need to pay the specified amount to void the eviction order or file a motion under section 74(11) of the Act if they pay the full amount owing after the deadline but before the Sheriff enforces the eviction.
Arguments and Actions
Landlord
Arguments
Landlord served a valid N4 Notice and filed the application when the Tenant did not void the notice by paying arrears.
Actions
Landlord attempted to negotiate a payment plan through verbal communication.
Tenant
Actions
Tenant did not pay full rent, leading to arrears of $1,760.00 as of November 30, 2022. Tenant did not attend the hearing.
Procedural Errors
Tenant did not attend the hearing despite being properly served with notice.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $5,466.00 by March 13, 2023. If not voided, the Tenant must move out by March 13, 2023, and pay $1,326.37 plus $28.93 per day from November 10, 2022, until move-out. The Tenant can make a motion to void the order under section 74(11) of the Act if full payment is made before the Sheriff enforces eviction.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$880
Rent Arrears
$1,760
Application Fee
$186
Total Owing
$1,326 (Owed to Landlord)
Source
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