Landlord Wins Rent Arrears Case Against Tenants in Niagara Falls: Rathore v Norsworthy 2023
Niagara Falls landlord awarded $34347 in rent arrears, tenancy terminated as of December 31, 2023
Summarized by RentZenLast updated: August 6, 2024
Case Summary
13625 Willoughby Drive, Niagara Falls, ON L2E6S6
Decision in favor of
landlord
Balance Owed to Landlord
$34,347
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Nov 2023
Order Date
Dec 5, 2023
Tenancy End Date
Dec 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict Tenants due to non-payment of rent. The Tenants requested a review of the original order, alleging they were not reasonably able to participate in the initial hearing and that there were serious errors in the order. The parties reached an agreement on the disputed tenancy issues, except for the termination date.
Determinations
- Tenants requested review of original order due to inability to participate in initial hearing and alleged serious errors in the order
- Rent arrears of $42,361.00 owed up to November 30, 2023
- Landlord holds last month's rent deposit of $3,200.00
- Parties reached agreement on disputed tenancy issues, except termination date
- Tenants allege agreement to perform maintenance in exchange for rent set-off, but no evidence provided
- Tenants prioritized paying other bills over rent, and protested paying for other tenants' utility costs
- Landlord allowed arrears to accumulate substantially without taking steps to collect
Case Study
The Tenants do not dispute the amount of arrears owing to the Landlord. They agree that there are utility costs owing which they were required to pay under the terms of the tenancy agreement. The Tenants allege the parties had an agreement in which the Tenants would perform maintenance and repairs around the rental premises in exchange for a monetary set-off against their rent, but no evidence was led of either a verbal or written agreement supporting this claim. The Landlord disputes that the Tenants had to do the maintenance. The Tenants also protested paying for the hydro and water used by other tenants, and acknowledge that they prioritized paying other bills before the rent. The Landlord took no steps to collect the arrears expeditiously and allowed the arrears to accumulate substantially.
Arguments and Actions
Landlord
Aggravating Factors
Landlord allowed arrears to accumulate substantially without taking steps to collect
Tenant
Arguments
Tenants requested review of original order due to inability to participate in initial hearing and alleged serious errors in the order
Actions
Tenants allege agreement to perform maintenance in exchange for rent set-off, but no evidence provided
Aggravating Factors
Tenants prioritized paying other bills over rent, and protested paying for other tenants' utility costs
Decision Summary
The Tenants' request to review the original order is granted. The original order is cancelled and replaced. The Landlord shall pay the Tenants $5,000 as an abatement of rent, and the Tenants shall pay the Landlord $34,347, representing rent owing to November 30, 2023, less the rent deposit and the abatement. The tenancy is terminated as of December 31, 2023, and the Tenants must move out by that date. If the unit is not vacated by December 31, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement starting January 1, 2024.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$42,361
Application Fee
$186
Rent Deposit
$3,200
Total Owing
$34,347 (Owed to Landlord)
Source
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