Landlord Wins Rent Arrears Case: Tan v Rimawi 2024
Windsor landlord awarded $7117 in rent arrears, granted conditional relief to avoid eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
783 Hall Ave, Windsor, ON N9A2L9
Decision in favor of
landlord
Balance Owed to Landlord
$7,117
Dispute Categories
Notices Sent
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Timeline
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 23, 2024
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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,921.87 due on 1st of each month
- Tenant paid $10,265.70 since application filed
- Rent arrears owing to 2024-07-31 are $6,931.17
- Landlord incurred $186 application filing costs
Arguments and Actions
Landlord
Arguments
Landlord seeks termination of tenancy due to substantial rent arrears and Tenant's failure to comply with previous repayment plan
Tenant
Actions
Tenant is a newcomer to Canada with limited income, but expects to receive additional government benefits soon that will allow them to pay rent and arrears
Decision Summary
The Tenant shall pay the Landlord $7,117.17 for rent arrears and costs in installments from September 2024 to November 2025. If the Tenant fails to make any payment, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant is a newcomer to Canada with limited income, but expects to receive additional government benefits soon that will allow them to pay rent and arrears
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
82.3%
Tenant Favorable
11.8%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$1,922
Rent Arrears
$6,931
Application Fee
$186
Total Owing
$7,117 (Owed to Landlord)
Source
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