Windsor Tenant Evicted for Non-payment of Rent: Windsor Essex Community Housing Corporation v Montgomery
Windsor tenant evicted for $4902 in unpaid rent, owes additional costs
Summarized by RentZenLast updated: July 22, 2024
Case Summary
3 Reginald Street, Windsor, ON N8T1A4
Decision in favor of
landlord
Balance Owed to Landlord
$5,088
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Jan 14, 2022
Tenancy End Date
Feb 2022
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 not holding last month's rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent is $265
- Tenant has not paid rent from April 1, 2019 to May 31, 2021
- Tenant in possession on application date
- Tenant made no payments since application filed
Case Study
The tenant has the option to void the order and continue the tenancy by paying the full amount owing, including arrears and additional costs, on or before the specified deadlines. If the tenant fails to make the required payments, the landlord may file the order with the Court Enforcement Office to enforce the eviction.
Decision Summary
The tenancy is terminated effective February 15, 2022. The tenant must pay the landlord $4,902.24 in rent arrears and compensation, plus $186 in application fees, and $8.71 per day in compensation starting January 15, 2022 until the tenant vacates. The tenant can void the eviction order by paying $5,221 by January 31, 2022 or $5,486 by February 15, 2022.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$265
Rent Arrears
$4,902
Application Fee
$186
Total Owing
$5,088 (Owed to Landlord)
Source
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