Windsor Essex Community Housing v Van Landuyt - LTB Conditional Relief Order
LTB grants conditional relief to 74-year-old Windsor tenant facing eviction for non-payment of rent, allows him to stay with $1000 monthly repayment plan
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1692 Aubin Rd, Windsor, ON N8Y4G4
Decision in favor of
tenant
Balance Owed to Landlord
$20,824
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Apr 10, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $815 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Arguments
Tenant requested to remain in the unit with a payment plan of $1,000 per month in addition to the monthly rent.
Actions
Tenant testified he had banking issues and was working on paying off multiple loans, which have now been paid off.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays $1,000 per month towards the $20,824 in arrears and rent, starting May 15, 2024. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant's proposed repayment plan of $1,000 per month in addition to rent is reasonable and would restore tenancy to good standing within a reasonable time
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
96.5%
Tenant Favorable
3.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$815
Rent Arrears
$20,638
Application Fee
$186
Total Owing
$20,824 (Owed to Landlord)
Source
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