MARDA Management Inc. v Lavoie: Non-payment of Rent Case in Windsor, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1225 Albert Rd, Windsor, ON N8Y3P8
Decision in favor of
landlord
Balance Owed to Landlord
$10,033
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Feb 2023
Order Date
Feb 10, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Interest on rent deposit calculated
- Landlord holds rent deposit
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Rent arrears calculated to February 28, 2023
- Tenant paid partial amount since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants could have avoided eviction by paying the full amount of rent arrears before the hearing date. To turn the decision around, they would need to pay the specified amount to void the eviction order by the given deadline. The Tenants' circumstances, including disability and limited income, were considered in postponing the eviction date.
Arguments and Actions
Landlord
Arguments
Landlord argued for termination of tenancy and eviction based on significant rent arrears.
Actions
Landlord served a valid N4 Notice and filed the application for eviction due to non-payment of rent.
Tenant
Arguments
Tenants submitted that they were in a wheelchair and had limited income, requiring additional time to seek alternative accommodation.
Actions
Tenants failed to pay rent, resulting in significant arrears. Tenants made partial payment of $2,657.00 since the application was filed.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying $13,797.00 by February 28, 2023. If not voided, Tenants must move out by February 28, 2023, and pay $10,033.23 plus $61.22 per day from February 2, 2023, until they vacate. The eviction can be enforced starting March 1, 2023, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,862
Rent Arrears
$13,611
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$163
Total Owing
$10,033 (Owed to Landlord)
Source
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