Windsor Tenant Avoids Eviction with Repayment Plan: Windsor Essex Community Housing Corporation v Veltman 2021
Windsor tenant avoids eviction by agreeing to $50/month repayment plan for $962 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 3133 Meadowbrook Lane, Windsor, ON N8T3L9
Decision in favor of
landlord
Balance Owed to Landlord
$962
Dispute Categories
Notices Sent
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Timeline
Application Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Aug 30, 2021
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. The Tenant's rent subsidy was withdrawn in July 2020, leading to the rent arrears.
Determinations
- Tenant has not paid total rent from July 1, 2018 to June 30, 2021
- Tenant is in possession of the rental unit
- Rent is geared-to-income, arrears arose from withdrawal of rent subsidy
- Tenant owes $776.36 in rent arrears and $186 in application fees
- Total amount owed is $962.36
Case Study
The Landlord satisfied the obligation under subsection 83(6) of the Act to negotiate a repayment plan with the Tenant. Considering the Tenant's financial circumstances, a conditional relief from eviction with a repayment plan over 20 months is appropriate.
Arguments and Actions
Tenant
Actions
Tenant testified she can afford to repay the arrears at a rate of $50 per month due to her fixed income and pending GST rebate.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays $50 per month towards the $962.36 owed, starting September 2021 and ending April 2023. If the Tenant fails to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$85
Rent Arrears
$776
Application Fee
$186
Total Owing
$962 (Owed to Landlord)
Source
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