Windsor Essex Community Housing Corporation v Holmes - 2024 LTB Ruling
Windsor landlord wins $16713 rent arrears case, tenant ordered to pay or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1948 Glenbrook Court, Windsor, ON N8W5K3
Decision in favor of
landlord
Balance Owed to Landlord
$16,713
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Mar 28, 2024
Tenancy End Date
May 2024
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent of $85 due on 1st of each month
- Tenant paid $850 since application filed
Arguments and Actions
Landlord
Arguments
Landlord submitted detailed rent ledgers, and argued Tenant's recollection was imprecise regarding rent arrears, lawful rent, and rent subsidy application/approval.
Actions
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
Arguments
Tenant wants to retain tenancy as unable to afford market rent, and has endured 5 surgeries since June 2023.
Actions
Tenant acknowledged applying for Ontario Works late due to husband's passing, and actively coordinated to provide landlord with correct rent subsidy paperwork.
Decision Summary
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.
Reason for Eviction Relief
Provide the Tenant more time to search for alternate housing and recover from surgeries
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$85
Rent Arrears
$16,590
Application Fee
$186
Total Owing
$16,713 (Owed to Landlord)
Source
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