Case Study

Eviction for non-payment of rent · Windsor · SWL-44180-20

Ontario LTB order in Windsor · Withdrawn

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: May 24, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-44180-20
Address: 2, 3385 Peter Street, Windsor, ON N9C1J2
Amount Awarded: $1,351.60
Decision In Favor: Withdrawn — no decision
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Mina guirguis
Landlord Rep: Self Represented
Tenant: Wayne jarvis
Tenant Rep: Self Represented
Adjudicator: Dawn Wickett
Keywords: eviction, non-payment of rent, interference with reasonable enjoyment, rent deposit, set aside, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was withdrawn and the file closed.

📑 Findings & determinations

It is ordered that: 1. Unless the Tenant voids the order as set out below, the tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 24, 2021. 2. The Tenant shall pay to the Landlord $827.35*, which represents the amount of rent owing and compensation up to May 13, 2021. 3. The Tenant shall also pay to the Landlord $19.09 per day for compensation for the use of the unit starting May 14, 2021 to the date the Tenant moves out of the unit. 4. The Tenant shall also pay to the Landlord $190.00 for the cost of filing the application. 5. If the Tenant does not pay the Landlord the full amount owing* on or before May 24, 2021, the Tenant will start to owe interest. This will be simple interest calculated from May 25, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before May 24, 2021, then starting May 25, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord, on or after May 25, 2021. This order terminates the tenancy and permits the Landlord to file the order with Court Enforcement Office (Sheriff) to evict the Tenant. However, as of the date this matter was heard, the Sheriff cannot enforce this order as a result of Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act on April 8, 2021. The Tenant cannot be evicted from the rental unit while th...

💡 Summary points

applied for an order to terminate the tenancy and evict Wayne Jarvis (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes (L1 application). The Landlord also applied for an order to terminate the tenancy and evict the Tenant because he, another occupant of the rental unit or someone he permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date (L2 application). This application was heard by way of video conference on May 3, 2021.
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🧑‍⚖️ Same adjudicator

Dawn Wickett

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Eviction for non-payment of rent