Habashi v Walker

Landlord wins · Windsor · 2025-08-15

Adjudicator

Vladimir Nikitin

Dispute

Maintenance, Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

>$20K

Landlord

P.H.

Tenant

A.N.W.

Landlord rep

Masoud Tchavoshi

What happened

The Landlord applied for termination and eviction based on significant rent arrears and persistent late payments. The Tenant raised section 82 issues regarding maintenance of the furnace, air conditioning, and windows. The Member found that while some maintenance issues existed, specifically regarding the AC, the Tenant failed to provide sufficient evidence for the furnace and mold claims. Furthermore, the Tenant had breached a previous interim order to pay rent in full and on time.

The ruling

The tenancy is terminated effective August 31, 2025. The Tenant must pay $25,331.09 to the Landlord if the unit is vacated. To void the eviction and continue the tenancy, the Tenant must pay $26,990.81 by August 31, 2025. If the order is voided, the Tenant must pay rent in full and on time for 12 months or face application for eviction without notice under section 78.