Landlord Wins Non-payment Case: Bedard v Grosse 2021
Windsor tenant evicted for non-payment of rent, owes $10436 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1039 Parent Avenue, Windsor, ON N9A2E4
Decision in favor of
landlord
Balance Owed to Landlord
$10,436
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Sep 2021
Order Date
Sep 16, 2021
Tenancy End Date
Sep 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant had vacated the rental unit on September 27, 2021, prior to the eviction date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2021-09-27
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant has not paid the full rent she was required to pay. Because of the arrears, the landlord served a notice of termination. The landlord collected a rent deposit of $800.00. Interest is owing on the deposit from February 24, 2018. The adjudicator has considered all the disclosed circumstances, and finds that it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on September 27, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective September 27, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $10,435.69 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $27.09 per day in compensation for the use of the unit from September 17, 2021 to the date she vacates.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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Financial Details
Rent Arrears
$11,082
Application Fee
$186
Rent Deposit
$800
Deposit Interest
$32
Total Owing
$10,436 (Owed to Landlord)
Source
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