Landlord Wins Eviction Case Against Non-Paying Tenants in Windsor: Matti v Isaac 2024
Windsor landlord awarded $35186 in rent arrears from non-paying tenants, tenancy terminated
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1282 Clearwater Ave, Windsor, ON N8P0E9
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Feb 2024
Order Date
Feb 13, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
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 $4,000 per month
- No payments made since application filed
- Rent arrears of $36,000 as of hearing date
- Landlord incurred $186 in application filing fees
Case Study
The Tenants' proposed payment plan is speculative and their current monthly income is insufficient to cover the rent and proposed monthly payment. The Tenants have made no good faith payments to the Landlord and have continued to be in arrears since May 2023. The rent arrears are at the maximum monetary jurisdiction of the Board, and it would be highly prejudicial to the Landlord to allow this tenancy to continue.
Arguments and Actions
Landlord
Arguments
Rent arrears are substantial, at the maximum monetary jurisdiction of the Board, and it would be highly prejudicial to the Landlord to allow the tenancy to continue.
Actions
Landlord tried to work with Tenants by allowing late rent payments in March and April 2023, and sent a letter on December 29, 2023 proposing a payment plan, but did not receive a response.
Aggravating Factors
Landlord is a senior with health issues and the substantial rent arrears are causing him great stress, anxiety, and health complications.
Tenant
Arguments
Tenants want to preserve their tenancy and proposed a payment plan using OSAP funds and Child Tax Benefit, but the Landlord did not accept it.
Actions
Tenants have not paid rent since April 2023 and have made no good faith effort to pay any monies owing to the Landlord.
Decision Summary
The tenancy will be terminated unless the Tenants pay $35,186 to void the order by February 24, 2024. If the Tenants do not pay, they must vacate the unit by February 24, 2024 and pay the Landlord $29,792.62 plus daily compensation of $131.51 per day starting February 2, 2024 until they move out.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$4,000
Rent Arrears
$36,000
Application Fee
$186
Rent Deposit
$4,000
Deposit Interest
$103
Total Owing
$35,186 (Owed to Landlord)
Source
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