Landlord Wins Eviction Case: EKYT c/o LMR PROPERTY MANAGEMENT v Poplawski 2024
Windsor landlord wins eviction case against tenants who failed to pay rent and substantially interfered with other tenants' enjoyment of the property
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1606 University Ave W, Windsor, ON N9B1C2
Decision in favor of
landlord
Balance Owed to Landlord
$6,608
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 24, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the reasonable enjoyment of the residential complex. The Landlord served valid N4 and N5 notices, but the Tenants did not void the notices. The Tenants were not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,793.75 per month
- Rent arrears of $8,243.75 as of hearing date
- Landlord incurred $186 in application filing fees
- Landlord holds $1,750 rent deposit and $47.35 interest
- Tenants' actions substantially interfered with other tenants' reasonable enjoyment and Landlord's lawful rights
Arguments and Actions
Tenant
Actions
Tenants blocked staircase with mattresses and left dog feces on back porch and steps, interfering with other tenants' enjoyment of the property.
Decision Summary
The tenancy is terminated due to non-payment of rent and substantial interference with the reasonable enjoyment of the residential complex. The Tenants must vacate the unit by July 17, 2024 and pay the Landlord $6,607.75 in rent arrears, application fees, and other amounts owed. If the Tenants do not pay by the due date, the Landlord can file the order with the Sheriff to enforce the eviction.
Reason for Eviction Relief
Recognizing that the Tenants have minors in their care, I believe a postponed eviction by 1 month would be appropriate to provide the Tenants additional time to secure new accommodations.
Adjudicator Details
LTB Member
Total Orders
85
Landlord Favorable
96.5%
Tenant Favorable
2.4%
Mutual Agreement
1.2%
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Financial Details
Lawful Rent
$1,794
Rent Arrears
$8,244
Application Fee
$186
Rent Deposit
$1,750
Deposit Interest
$47
Total Owing
$6,608 (Owed to Landlord)
Source
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