Landlord Wins Eviction Case Against Non-Paying Tenants in Windsor: Vasquez v Jones 2023
Windsor landlords awarded $21786 in rent arrears from non-paying tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1549 Church St, Windsor, ON N8X1V4
Decision in favor of
landlord
Balance Owed to Landlord
$21,786
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Jan 2023
Order Date
Feb 21, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $1,800 per month
- No last month's rent deposit
- Rent arrears from March 1, 2022 to January 31, 2023 are $19,800
- Tenants did not disclose s.82 issues in time
- Tenants did not void notice by paying arrears
- Tenants paid $10,000 deposit, applied to January and February 2022 rent
- Tenants still in possession on hearing date
Case Study
The Tenants did not provide disclosure of the issues and their evidence at least seven days before the hearing as required, so they were not permitted to raise issues under s.82. The Landlord's attempts to fix the non-working toilet were hindered by the Tenants' unavailability, and the evidence on the stove issue was contradictory. The Tenants have made no attempt to pay any rent since the tenancy started, and did not share any personal circumstances to show they could not work or pay the rent.
Arguments and Actions
Landlord
Actions
Landlord made attempts to fix the non-working toilet, but Tenants were not available.
Tenant
Arguments
Tenants wanted to raise issues under s.82 regarding non-working toilet and stove, but did not provide disclosure in time.
Actions
Tenants have not made any rent payments since the tenancy started, except the initial $10,000 deposit.
Procedural Errors
Tenants did not provide disclosure of s.82 issues in time.
Decision Summary
The tenancy is terminated unless the Tenants pay $21,786 by February 28, 2023 or $23,586 by March 15, 2023 to void the order and continue the tenancy. If the Tenants do not pay, they must move out by March 15, 2023 and pay $19,192.05 plus daily compensation of $59.18 from January 18, 2023 until move-out.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$19,800
Application Fee
$186
Rent Deposit
$10,000
Total Owing
$21,786 (Owed to Landlord)
Source
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