Landlord Wins Non-payment Case: Tomlinson v Dykema 2024
Windsor tenants face eviction for non-payment of $537 rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2517 Dandurand Ave, Windsor, ON N9E2E1
Decision in favor of
landlord
Balance Owed to Tenants
-$1,499
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jun 2024
Hearing Date
Jun 2024
Order Date
Jul 9, 2024
Tenancy End Date
Jul 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. The tenants were still in possession of the rental unit at the time of the hearing.
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
- Rent arrears of $537.00 as of application filing
Decision Summary
Unless the Tenants void the order by paying $2,260.50 on or before July 20, 2024, the tenancy will be terminated. If the Tenants do not pay the amount required to void the order, they must move out of the rental unit on or before July 20, 2024. The Landlord is authorized to deduct $50.55 per day for compensation for the use of the unit starting June 19, 2024 until the date the Tenants move out.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,538
Rent Arrears
$537
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$94
Total Owing
-$1,499 (Owed to Tenants)
Source
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