Landlord Wins Non-payment Case: Bissell v Woodruff 2023
Niagara Falls tenant evicted for non-payment of rent, owes $5942 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
5756 Ferry St, Niagara Falls, ON L2G1S7
Decision in favor of
landlord
Balance Owed to Landlord
$5,942
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 15, 2023
Tenancy End Date
Oct 2023
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 in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $820 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant had significant rent arrears owing at the date of the hearing, and the proposal for repayment was not reasonable given the payment history in the tenancy.
Arguments and Actions
Tenant
Arguments
Tenant sought a payment plan of $150 per month to pay the arrears.
Actions
Tenant testified that the Landlord collected the rent in person and at times did not do so on the first of the month.
Decision Summary
The tenancy is terminated unless the Tenant pays $10,000 by September 30, 2023 or $10,818 by October 30, 2023 to void the order. If the Tenant does not void the order, the Tenant must pay $5,942.42 to the Landlord and vacate the unit by October 30, 2023.
Reason for Eviction Relief
Postpone eviction to October 30, 2023 to allow Tenant more time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$818
Rent Arrears
$6,542
Application Fee
$186
Rent Deposit
$200
Deposit Interest
$10
Total Owing
$5,942 (Owed to Landlord)
Source
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