Landlord Wins Eviction Case Against Tenant in Niagara Falls
Landlord wins eviction case against tenant in Niagara Falls for non-payment of rent, despite tenant's motion to set aside order
Summarized by RentZenLast updated: September 12, 2024
Case Summary
7400 Fern Ave, Niagara Falls, ON L2G5H2
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Order Date
Aug 29, 2023
Hearing Date
Oct 2023
Tenancy End Date
Mar 2024
Dispute Summary
The landlord filed an application to terminate the tenancy and evict the tenant due to non-payment of rent. The matter was previously settled by a consent order, which required the tenant to pay the outstanding arrears by a payment plan. The tenant breached the order by failing to make the required payments, and the landlord applied for an ex-parte order to terminate the tenancy, which was granted. The tenant filed a motion to set aside the order.
Determinations
- Tenant breached consent order by failing to pay rent
- Tenant did not raise maintenance concerns during previous hearing
- Tenant's monthly expenses exceeded income, making tenancy unsustainable
- Eviction is a remedy of last resort
- Stay of previous order lifted on March 31, 2024
Case Study
The tenant acknowledged breaching the mediated agreement by failing to make the required payments. The tenant claimed the landlord was in breach of maintenance obligations, but there was no evidence the tenant raised these concerns during the previous hearing. The tenant's monthly expenses exceeded his income, making the tenancy unsustainable. The eviction was found to be a remedy of last resort, and the stay of the previous order was lifted on March 31, 2024, to give the tenant time to find a new place to live.
Arguments and Actions
Tenant
Arguments
Tenant claimed the landlord was in breach of maintenance obligations under section 20 of the Act.
Actions
Tenant failed to pay $1,850 on or before August 1, 2023, and also failed to pay the lawful rent due August 1, 2023.
Decision Summary
The motion to set aside the previous order terminating the tenancy and evicting the tenant is denied. The stay of the previous order is lifted on March 31, 2024, to give the tenant time to find a new place to live.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Rent Arrears
$24,000
Total Owing
$24,000 (Owed to Landlord)
Source
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