LTB Order SWL-21332-18 | Eviction for Rent Arrears and Purchaser's Own Use | Windsor, Ontario

Tenancy terminated effective November 20, 2018; Tenant required to vacate on or before that date.
Tenant ordered to pay Landlord $12,979.81 representing arrears and compensation to November 9, 2018, less rent deposit and interest.
Tenant ordered to pay $27.95 per day compensation from November 10, 2018 until vacating.
Tenant ordered to pay $190.00 for cost of filing the application.
Simple interest at 3.00% annually applies from November 21, 2018 on any outstanding balance.
Sheriff directed to give vacant possession to Landlord on or after November 21, 2018; eviction enforced November 30, 2018.

Landlord filed L1 (non-payment of rent) and L2 (purchaser's own use) applications against tenant at 124 Marlin Avenue, Windsor.
Tenant's legal representative contacted landlord's representative at 9:35 a.m. claiming 45-minute lateness, but neither Tenant nor representative appeared by 10:49 a.m. or at all.
Board found Tenant elected not to participate; no evidence was presented to contradict Landlord's position.
Rent deposit of $850.00 was held by Landlord; interest of $26.69 was credited to the Tenant.
Purchaser's affidavit and agreement of purchase and sale confirmed good-faith requirement for personal residential use.

Tenant has not paid total rent owed from March 1, 2017 to November 30, 2018; Notice of Termination effective August 31, 2018 was properly served.
Monthly rent is $850.00; Tenant made no payments since the application was filed.
Rent deposit of $850.00 collected and still held by Landlord; interest of $26.69 owing to Tenant for period October 3, 2016 to August 31, 2018.
Purchaser requires rental unit for personal residential use in good faith; L2 application successful.
Order for termination is non-voidable; tenancy terminated November 20, 2018 with no opportunity to void by paying arrears.
No circumstances disclosed under s.83 of the Residential Tenancies Act, 2006 to suggest it would be unfair to grant eviction.

Tenant Christopher Jackson failed to pay rent from March 1, 2017 to November 30, 2018, accumulating $11,900.00 in arrears up to the termination notice date.
Landlord also applied to terminate tenancy for purchaser's own use; purchaser provided affidavit confirming good-faith residential occupation.
Neither the Tenant nor his Legal Representative attended the November 8, 2018 hearing despite proper notice, resulting in an uncontested proceeding.
The order is non-voidable due to the L2 application finding, meaning the Tenant could not void termination by paying outstanding arrears.
Vacant possession was delivered by the Sheriff on November 30, 2018, as confirmed by the Delivery of Vacant Possession document.