Windsor Essex Community Housing Corporation v Vachon: Landlord Wins Eviction Case
Landlord Prevails in Windsor Eviction Case: Key Insights
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2971 Grandview Street, Windsor, ON N8T2L5
Decision in favor of
landlord
Balance Owed to Landlord
$9,514
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Mar 2023
Order Date
Mar 29, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order.
Determinations
- It would be unfair to set aside the eviction order
- Tenant breached previous order by failing to pay rent on time
- Tenant's tenancy is not viable as she cannot afford the rent and arrears
Case Study
The Board found that the Tenant breached the previous order by failing to pay rent on time. The Board also found that the tenancy was not viable, as the Tenant could not afford the rent and arrears. Therefore, the Board denied the Tenant's motion to set aside the eviction order.
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed setting aside the ex-parte order, stating that the tenancy is not sustainable and the arrears have grown to $9,514. The representative also stated that the Tenant's promises are disappointing and her proposal is not realistic.
Actions
Landlord's representative submitted that the Landlord received two payments from the Tenant in October 2022 totaling $654, which were applied to rent, but the rent is $756 per month. The Landlord's representative also submitted that the Tenant has not paid full rent since November 14, 2022.
Tenant
Arguments
Tenant argued she has not breached the order and has not missed any payments, but provided no proof.
Actions
Tenant stated she has been working with several people for additional funding and has been paying $220 per month, but provided no proof. Tenant also stated she might have paid November 2022 rent late and was only paying $219 per month.
Decision Summary
The Board denied the Tenant's motion to set aside the eviction order, finding that the Tenant breached the previous order and the tenancy was not viable. The Board lifted the stay of the eviction order, giving the Tenant three weeks to find alternate accommodations.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$756
Rent Arrears
$9,514
Total Owing
$9,514 (Owed to Landlord)
Source
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