Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$16,713
to Landlord
Agree with the ruling?
Citation: Windsor Essex Community Housing Corporation v Holmes, 2024 ONLTB 19572
File Number: LTB-L-068418-22
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Mar 28, 2024
Tenancy End Date
May 2024
The Landlord's application is granted. The tenancy will be terminated on May 31, 2024 unless the Tenant pays the full arrears by that date. If the Tenant does not pay, the Landlord may file the order with the Sheriff to enforce the eviction.
Provide the Tenant more time to search for alternate housing and recover from surgeries
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 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.
Landlord submitted detailed rent ledgers, and argued Tenant's recollection was imprecise regarding rent arrears, lawful rent, and rent subsidy application/approval.
Landlord sent letter in May 2022 offering to negotiate payment plan, and held discussions with Tenant after hearing adjournments in 2022, 2023 to offer repayment plan, but no agreement was reached.
Tenant wants to retain tenancy as unable to afford market rent, and has endured 5 surgeries since June 2023.
Tenant acknowledged applying for Ontario Works late due to husband's passing, and actively coordinated to provide landlord with correct rent subsidy paperwork.
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Lawful Rent
$85
Rent Arrears
$16,590
Application Fee
$186
Ordered Amount
$16,713 (to Landlord)
Click to switch between order outcomes
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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