Dianova v Weasner, Lambert

Landlord wins · Niagara Falls · 2020-11-26

Adjudicator

John Mazzilli

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.D.

Tenant

R.W., V.L.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were in possession of the rental unit on the application date.

The ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the following payments to the Landlord: $250 on December 1, 2020, $250 on January 1, 2021, and $375 on February 1, 2021. The Tenants shall also pay the Landlord the rent for the months of December 2020 up to and including February 2021 in full, on or before the first day of each corresponding month. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent.