Everitt v Everitt

Landlord wins · New Lowell · 2025-08-15

Adjudicator

Trish Carson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

J.E., M.E.

Tenant

S.E.

Landlord rep

Brenda Guardado

Tenant rep

Lisa Deline

What happened

The Landlords applied to evict the Tenant, who is the mother of one of the Landlords, for non-payment of rent. The Tenant argued that she should not have to pay rent because she had provided the Landlords with a $270,000 personal loan, and rent was supposed to be deducted from the loan balance. The LTB found it lacked jurisdiction over the personal loan dispute, which is being handled in another court. Additionally, the Tenant breached a previous interim order to pay ongoing rent, leading the Board to bar her from raising certain legal defenses.

The ruling

The tenancy is terminated effective September 30, 2025. The Tenant is ordered to pay $16,981.92 for rent arrears up to the hearing date and filing costs. To void the eviction and continue the tenancy, the Tenant must pay $18,186.00 by August 31, 2025, or $19,686.00 by September 30, 2025. The eviction was postponed to the end of September to allow the Tenant time to arrange her finances.