Landlord Wins Eviction Case Against Non-Paying Tenant in Windsor: Windsor Essex Community Housing Corporation v Nukk 2021
Windsor landlord awarded $6619 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
5407 Reginald Street, Windsor, ON N8T1A3
Decision in favor of
landlord
Balance Owed to Landlord
$6,805
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Sep 2021
Order Date
Sep 23, 2021
Tenancy End Date
Oct 2021
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 Tenant was in possession of the rental unit and had not paid the full rent owed from February 1, 2019 to September 30, 2021.
Determinations
- Tenant has not paid full rent from February 1, 2019 to September 30, 2021
- Landlord served Notice of Termination due to rent arrears
- Tenant is in possession of the rental unit
- Lawful monthly rent is $785.00
- Tenant has made no payments since application was filed
- Tenant did not dispute amount of rent owing
- Landlord is not holding last month's rent deposit
Case Study
The Tenant was uncertain about his ability to commit to a repayment plan, and the Landlord was not opposed to a short extension to allow the Tenant time to find alternative housing. However, the Tribunal found that a repayment period of almost 3 years would not be reasonable given the substantial rent arrears.
Arguments and Actions
Landlord
Arguments
Landlord objected to a repayment plan due to the substantial rent arrears.
Tenant
Arguments
Tenant asked that his tenancy be preserved and that a repayment plan be granted.
Actions
Tenant testified that he separated from his partner and has had financial difficulties, but has recently started a full-time job and expects to receive around $2,000 per month. He asked for a repayment plan but was uncertain about his ability to commit to it.
Decision Summary
The tenancy is terminated effective October 20, 2021. The Tenant must pay the Landlord $6,619.33 in rent arrears and compensation, plus $25.81 per day starting September 24, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by October 4, 2021, the Tenant will owe interest. If the unit is not vacated by October 20, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$785
Rent Arrears
$6,619
Application Fee
$186
Total Owing
$6,805 (Owed to Landlord)
Source
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