Landlord Wins Eviction Case Against Non-Paying Tenants in Windsor: Dulava v Novak 2024
Landlord awarded $9166 in rent arrears, tenants ordered evicted from Windsor rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
514 Caron Ave, Windsor, ON N9A5B4
Decision in favor of
landlord
Balance Owed to Landlord
$9,166
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 23, 2024
Tenancy End Date
May 2024
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,700 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord offered to let tenants end tenancy without penalty, but they declined.
Tenant
Actions
Tenants did not pay rent after the first 2 months of tenancy.
Decision Summary
The tenancy is terminated unless the tenants pay $12,086 by April 30, 2024 or $13,786 by May 18, 2024 to void the order. If the tenancy is terminated, the tenants must pay $9,166.42 to the landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest. The tenants must also pay daily compensation of $55.89 starting April 10, 2024 until they move out.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,700
Rent Arrears
$11,900
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$23
Total Owing
$9,166 (Owed to Landlord)
Source
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