MA v MACHADO

Landlord wins · North York · 2026-01-21

Adjudicator

Melissa Anjema

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

B.M.

Tenant

N.M.

Landlord rep

Rong Wei Yu

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to significant rent arrears. The Tenant admitted to the arrears but explained that they were caused by severe health issues, including heart surgery. The Tenant proposed a 15-month payment plan and requested a deferral. The Landlord, while sympathetic, noted high monthly carrying costs (mortgage of $5,340) and stated they could no longer afford to maintain the property without rent. The Board found the Tenant's household income insufficient to sustain the proposed payment plan or the monthly rent and granted the eviction, but delayed the date to allow the family time to relocate.

The ruling

The tenancy is terminated effective February 28, 2026. The Tenant is ordered to pay $14,237.91 (representing arrears to the hearing date minus the deposit and interest) plus $146.90 daily until they vacate. To void the eviction, the Tenant must pay $22,527.00 by January 31, 2026, or $26,995.20 by February 28, 2026. Eviction is delayed until February 28, 2026, due to the Tenant's health circumstances.