Landlord Wins Eviction Case Against Tenant with $18000 in Rent Arrears: Macpherson v Spoar 2024
Niagara Falls landlord wins eviction case against tenant owing $18000 in rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
6471 Ash St, Niagara Falls, ON L2G2H4
Decision in favor of
landlord
Balance Owed to Landlord
$15,151
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Jan 2024
Order Date
May 8, 2024
Tenancy End Date
May 2024
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 still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,626.50 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to January 31, 2024 are $18,001.50
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,600.00 rent deposit with $191.12 interest
Case Study
Although I am sympathetic to the Tenant's situation, I find it would be unfair to deny eviction and order any form of monthly repayment plan. The Tenant's arrears are significant, and the Tenant has not demonstrated they have sufficient income to maintain the current monthly lawful rent. Ordering the Tenant to pay money they do not have would set them up for failure. Further, the Tenant has not demonstrated that there are any settlement funds immediately forthcoming that would repay the rental arrears outstanding.
Arguments and Actions
Landlord
Actions
Landlord's Legal Representative testified that Tenant has not paid rent since July 2023 and Landlord made numerous attempts to establish a repayment plan with no response from Tenant.
Tenant
Actions
Tenant testified about marital separation, pet death, and mother's death leading to missed work and depression, resulting in inability to pay rent.
Decision Summary
The tenancy is terminated unless the Tenant pays $28,693.50 to void the order and continue the tenancy, or $15,151.48 if the tenancy is terminated. The Tenant must also pay daily compensation of $86.35 starting January 17, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by May 20, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,627
Rent Arrears
$18,002
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$191
Total Owing
$15,151 (Owed to Landlord)
Source
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