Landlord Wins Non-payment Case: Omaya Investments Inc. v Malik 2024
Windsor tenants evicted for non-payment of rent, owe $7573 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 120 Caron Ave, Windsor, ON N9A6W7
Decision in favor of
landlord
Balance Owed to Landlord
$7,573
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Jan 2024
Order Date
Jan 17, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $1,000 since application filed
Case Study
The parties agreed to a final, non-voidable termination of the tenancy as of February 2, 2024. The tenants do not have the option to void the eviction order by paying the outstanding rent arrears.
Decision Summary
The tenancy is terminated effective February 2, 2024. The tenants are ordered to pay $7,573.41 to the landlord, which includes rent arrears up to January 31, 2024 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants do not have the option to void the eviction order by paying the outstanding rent arrears.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$1,380
Rent Arrears
$8,745
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$52
Total Owing
$7,573 (Owed to Landlord)
Source
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