Landlord Wins Eviction Case Against Non-Paying Tenants in Windsor: Deakins v Nestor, Poulin 2022
Windsor landlord awarded $8000 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1712 Cadillac Street, Windsor, ON N8Y2V8
Decision in favor of
landlord
Balance Owed to Landlord
$8,486
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2021
Hearing Date
Jan 2022
Order Date
Jan 21, 2022
Tenancy End Date
Feb 2022
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
- Tenants have not paid rent from November 1, 2020 to January 31, 2022
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Lawful monthly rent is $750
- Landlord not holding last month's rent deposit
- Tenants paid $600 after application filed
- Unfair to grant relief from eviction
Case Study
The Tenants have not paid the total rent they were required to pay for the period from November 1, 2020 to January 31, 2022. The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants are in possession of the rental unit. The Landlord is not holding a last month's rent deposit. The Tenants paid $600 after the application was filed. The Landlord attempted to negotiate a repayment agreement with the Tenants, but it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective February 1, 2022. The Tenants must pay the Landlord $8,076.32, which includes rent arrears up to January 21, 2022 and the cost of filing the application. The Tenants must also pay $24.66 per day for compensation for the use of the unit starting January 22, 2022 until they move out. If the Tenants do not pay the full amount by February 1, 2022, they will start owing interest, and the Landlord can file the order with the Court Enforcement Office for eviction. The Tenants can void the order by paying $8,486 by January 31, 2022 or $9,236 by February 1, 2022.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$750
Rent Arrears
$8,900
Application Fee
$186
Total Owing
$8,486 (Owed to Landlord)
Source
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