Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Richmond Properties v McConnery 2021
Landlord wins eviction case against tenant in Angus, ON for non-payment of rent despite mediated agreement
Summarized by RentZenLast updated: July 26, 2024
Case Summary
60 Queen Street, Angus, ON L0M1B0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2021
Hearing Date
Nov 2021
Order Date
Dec 20, 2021
Tenancy End Date
Jan 2022
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 the Tenant breached a mediated agreement reached in June 2021 to pay the rent arrears.
Determinations
- Parties mediated an agreement on June 28, 2021
- Tenant failed to pay rent in full on July 1, 2021, breaching the agreement
- Tenant made some payments but was unable to pay in full
- Tenant is a single mother on caregiving benefit of about $450/week, receives $270/month child support, and $400/month rent from an occupant
- Tenant was a cleaner making $2,200/month but is now on short-term disability
- Monthly rent is $1,025
- Tenant expects to get money from a friend to pay off arrears by January 2022
- Tenancy commenced in February 2020, Tenant has not paid rent in full and on time for the last 12 months
- Tenant has only paid $400 since October 2021
- Tenant has failed to make agreed payments in full and on time since June 2021, and now owes more in arrears than in June 2021
- Tenant has not provided evidence of change in circumstances to prove ability to pay rent in full and on time going forward
- Tenancy is no longer viable
Case Study
The Tenant agreed to a mediated settlement at the end of June 2021, but then breached the agreement within a few days. She failed to make the payments agreed to in full and on time since then, and now owes more in arrears than she did when she negotiated the mediated settlement. The Tenant has not provided evidence of any change in circumstances that would prove, on a balance of probabilities, that she is now able to pay the rent in full and on time going forward. Consequently, the tenancy is no longer viable.
Arguments and Actions
Landlord
Arguments
Landlord submitted that it is prejudicial to the Landlord for the tenancy to continue, as the Tenant has failed to pay rent in full and on time since the beginning of 2021.
Actions
Landlord's agent said the Tenant has not paid rent in full and on time for the last 12 months, and has only paid $400 since October 2021. Landlord submitted that the Tenant has failed to meet the payment schedule agreed to in the June 2021 mediated settlement, and has fallen further into arrears.
Tenant
Arguments
Tenant submitted that she would like to pay off all the arrears she owes by January 2022 and continue her tenancy, as she would have nowhere to live and may lose custody of her child if evicted.
Actions
Tenant said she made payments but was unable to pay in full, and therefore breached the June 2021 agreement. Tenant said she has tried to make all the payments and expects to get money from a friend to pay off the arrears by January 2022.
Decision Summary
The motion to set aside the previous eviction order is denied. However, the stay of the eviction order is lifted on January 31, 2022 to provide the Tenant more time to find alternative housing.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,025
Source
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