Landlords Win Eviction Case Against Tenant Who Failed to Pay Rent - Covello v Rusan
Windsor landlords awarded eviction and $9600 in unpaid rent from tenant who failed to pay as ordered
Summarized by RentZenLast updated: August 6, 2024
Case Summary
894 Bridge Ave, Windsor, ON N9B2M8
Decision in favor of
landlord
Balance Owed to Landlords
$9,686
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 8, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after the Tenant failed to meet the conditions specified in a previous order issued by the Board.
Determinations
- Tenant did not pay November rent until November 9, 2023 and made no further payments since then
- Previous order required Tenant to make payments by specific due dates
- Tenant owes $9,686.00 in arrears and costs to the end of January 2024
- Landlords entitled to daily compensation of $46.03 from January 31, 2024 until Tenant vacates
- Unfair to grant relief from eviction due to Tenant's actions
Case Study
The Tenant did not pay rent as ordered, had conflicting testimony about his employment and use of a bonus, and lost money at the casino instead of paying the Landlords, so it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord's representative testified that she had spoken to the Tenant multiple times and in November the Tenant told her that he was back at work, would pay off the arrears by the beginning of December 2023, and that he was receiving a bonus in excess of $10,000.00.
Tenant
Actions
Tenant testified that he received a bonus of $6,800.00 and purchased a Jeep and lost much of the bonus at the casino instead of paying the Landlords.
Aggravating Factors
Tenant stopped paying any money to the Landlords after November 9, 2023, had conflicting testimony about when he started working, and lost a large amount of money at the casino instead of paying the Landlords.
Decision Summary
The tenancy is terminated and the Tenant must vacate the unit by February 19, 2024. The Tenant owes the Landlords $9,686.00 in arrears and costs, plus daily compensation of $46.03 from February 1, 2024 until the Tenant vacates. If the full amount is not paid by February 19, 2024, the Tenant will owe interest at 7% starting February 20, 2024.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$9,686
Total Owing
$9,686 (Owed to Landlords)
Source
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