Landlord Wins Non-payment Case: NIAGARARENTAL.CA v Bernard 2024
Niagara Falls tenant ordered to pay $10409 or face eviction for non-payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
7768 Ascot Cir, Niagara Falls, ON L2H3P9
Decision in favor of
landlord
Balance Owed to Landlord
$10,409
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Jan 23, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,020.14 per month
- Tenant paid $200 since application filed
- Rent arrears owing to 2024-01-31 are $13,672.49
- Landlord incurred $186 application filing fee
- Landlord holds $1,900 rent deposit with $127.07 interest
Arguments and Actions
Tenant
Actions
The Tenant is a single mother with a teenage child, is currently unemployed but has a job offer and has applied for OSAP.
Decision Summary
The tenancy is terminated unless the Tenant pays $13,858.49 by 2024-01-31 or $15,878.63 by 2024-02-29 to void the order. If the Tenant does not void the order, they must pay $10,409.06 to the Landlord and vacate the unit by 2024-02-29. The Tenant is also ordered to pay daily compensation of $66.42 from 2024-01-10 until they vacate.
Reason for Eviction Relief
The Tenant is a single mother with a teenage child, is currently unemployed but has a job offer and has applied for OSAP. Granting an extended eviction period would allow the Tenant to find alternative accommodation or improve their financial situation.
Adjudicator Details
LTB Member
Total Orders
5
Landlord Favorable
60.0%
Tenant Favorable
20.0%
Mutual Agreement
20.0%
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Financial Details
Lawful Rent
$2,020
Rent Arrears
$13,672
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$127
Total Owing
$10,409 (Owed to Landlord)
Source
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