Landlord Wins Non-payment Case: Oare v Chalus 2023
Windsor tenant evicted for $23621 in unpaid rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1570 Westminster Ave, Windsor, ON N8T1W9
Decision in favor of
landlord
Balance Owed to Landlord
$23,621
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 10, 2023
Tenancy End Date
Jul 2023
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 was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,265 due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant disputed the amount owed but did not provide evidence of any payments made. The Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant disputed the amount owed but did not provide evidence of any payments made.
Decision Summary
The tenancy is terminated unless the Tenant pays $23,621 to void the order by July 21, 2023. If the Tenant does not pay, the Tenant must move out by July 21, 2023 and pay the Landlord $22,047.57 in rent arrears and application costs.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$1,265
Rent Arrears
$22,170
Application Fee
$186
Total Owing
$23,621 (Owed to Landlord)
Source
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