Landlord Wins Non-payment Case: Thi Hoa Tran v William joseph Turner 2023
Windsor tenants evicted for non-payment of rent, owe $13162 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
952 Elm Ave, Windsor, ON N9A5H5
Decision in favor of
landlord
Balance Owed to Landlord
$13,162
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jun 22, 2023
Tenancy End Date
Jul 2023
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
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Landlord
Actions
Landlord objected to the extended termination date as the Tenants have previously accrued substantial arrears at a previous unit and alluded to their health issues to request an extended termination date. Further, the Landlord has been required to pay for the mortgage out of pocket.
Tenant
Actions
Tenants are seeking to terminate the tenancy for July 31, 2023 as they have health issues and are looking for a place where they do not have to use the stairs.
Decision Summary
The tenancy will be terminated on July 31, 2023 unless the tenants pay $16,386 by June 30, 2023 or $18,186 by July 31, 2023 to void the order. If the tenancy is terminated, the tenants must pay $13,161.67 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $59.18 for continued occupation of the unit after the hearing date.
Reason for Eviction Relief
The extended period will provide the Tenants some time to organize their move.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$16,200
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$39
Total Owing
$13,162 (Owed to Landlord)
Source
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