Landlord Wins Rent Arrears Case: Santacroce v Haile 2023
Windsor landlord awarded $19301 in rent arrears, tenant ordered to pay in installments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1127 Wigle Ave, Windsor, ON N9C3M9
Decision in favor of
landlord
Balance Owed to Landlord
$19,301
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Jan 2023
Order Date
Feb 6, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Determinations
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $2,245 due on 1st of each month
- Rent arrears owing to January 31, 2023 are $19,115
- Tenant paid $9,600 since application filed
- Tenant was still in possession on application date
- Total amount owed is $19,301
Case Study
The Act is remedial legislation and the courts have determined that evicting a tenant is a remedy of last resort. As such, the Tenant was given an opportunity to save the tenancy by paying the arrears in 3 installments.
Arguments and Actions
Landlord
Arguments
Landlord does not believe that the Tenant will follow through with the payments.
Actions
Landlord submitted that the Tenant had a payment plan in place but missed numerous payments.
Aggravating Factors
Landlord is experiencing financial difficulty and had to borrow funds from family and friends.
Tenant
Arguments
Tenant sought relief from eviction and proposed to pay the arrears in 3 installments.
Actions
Tenant has a monthly income of $5,400 from Ontario Works and child tax benefits, and their daughter has a monthly income of $2,500.
Aggravating Factors
Tenant fell into arrears as they purchased a vehicle and had other expenses.
Decision Summary
The Tenant shall pay the Landlord $19,301 for rent arrears and application filing fee in 3 installments by April 20, 2023. If the Tenant fails to make any of the payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Lawful Rent
$2,245
Rent Arrears
$19,115
Application Fee
$186
Total Owing
$19,301 (Owed to Landlord)
Source
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