Windsor Essex Community Housing Corporation v Mulder - 2024 LTB Ruling
Tenant evicted in Amherstburg for $3088 in unpaid rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
346 Victoria St S, Amherstburg, ON N9V2K6
Decision in favor of
landlord
Balance Owed to Landlord
$3,249
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Jun 2023
Order Date
Jan 4, 2024
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent 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 did not appear at the hearing to dispute the Landlord's application, and the Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent and did not attend the hearing.
Decision Summary
The tenancy is terminated effective January 15, 2024 unless the Tenant pays $6,875 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by January 15, 2024 and pay $3,088.63 to the Landlord.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$518
Rent Arrears
$3,063
Application Fee
$186
Total Owing
$3,249 (Owed to Landlord)
Source
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