Windsor Essex Community Housing Corporation v Filiault - LTB Ruling on Non-payment of Rent
Landlord awarded $3803 in rent arrears and filing fees after tenant failed to pay rent in Amherstburg
Summarized by RentZenLast updated: September 12, 2024
Case Summary
116 Victoria St S, Amherstburg, ON N9V2K6
Decision in favor of
landlord
Balance Owed to Landlord
$3,803
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Oct 2022
Application Date
Dec 2022
Hearing Date
Feb 2023
Order Date
Apr 5, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-10-12
- Lawful rent was $518 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 tenant vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Tenant
Arguments
Tenant made submissions concerning the suspension of his OW assistance, and the long time it took to resolve the matter (some 6 months).
Actions
Tenant testified that he was evicted by the Sheriff and given three days to collect his belongings, which the landlord ended up disposing of.
Decision Summary
The tenancy was terminated effective October 12, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $3,803.36 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$518
Rent Arrears
$3,617
Application Fee
$186
Total Owing
$3,803 (Owed to Landlord)
Source
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