Vacca v Van Ham

Landlord wins · Niagara Falls · 2025-12-18

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.V.

Tenant

J.N.V.H.

Landlord rep

Sidney Sheridan

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial rent arrears. A preliminary issue arose regarding the Tenant's failure to comply with an interim order requiring the payment of ongoing rent. Consequently, the Member refused to hear the Tenant's Section 82 evidence. The Tenant requested a long extension for eviction, which was partially granted to allow the application of the rent deposit.

The ruling

The tenancy is terminated effective January 31, 2026, unless the Tenant voids the order by paying the full arrears ($11,500.00 by Dec 31, 2025, or $13,900.00 by Jan 31, 2026). If the Tenant does not void, they must move out by January 31, 2026, and pay the Landlord $7,628.72 plus daily compensation of $78.90 from December 13, 2025.