Case Study

Eviction for non-payment of rent · Windsor · LTB-L-080288-22

Ontario LTB order in Windsor · January 4, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: November 20, 2023

Order Issued: January 4, 2024

Termination Date: January 15, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-080288-22
Address: 8541 FOXHILL PL WINDSOR ON N8S4J1
Form Used: N4
Served By:
Amount Awarded: $14,475.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Nin Yin, NF PROPERTY MANAGEMENT
Landlord Rep: Self Represented
Tenant: NF PROPERTY MANAGEMENT And Wayne Mckay
Tenant Rep: Self Represented
Adjudicator: Brenda Mercer
Keywords: eviction, non-payment of rent, persistent late payment, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated unless the Tenants voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust: • $14,475.00 if the payment is made on or before January 15, 2024. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after January 15, 2024, but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 2024 ONLTB 1999 (CanLII) File Number: LTB-L-080288-22 Order Page 3 of 4 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before January 15, 2024 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $11,598.38. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlords compensation of $28.31 per day for the use of the unit starting November 21, 2023, until the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlords the full amount owing on or before January 15, 2024, the Tenants will s...

💡 Summary points

applied for an order to terminate the tenancy and evict Wayne Mckay, Nicolle Sorell and Rusell Medhurst (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. (L1 Application). The Landlords also applied for an order to terminate the tenancy and evict the Tenants because the Tenants have been persistently late in paying the Tenants’ rent. (L2 Application). This application was heard by videoconference on November 20, 2023.
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🧑‍⚖️ Same adjudicator

Brenda Mercer

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Eviction for non-payment of rent