Gabriel v Safaei

Landlord wins · Niagara Falls · 2025-08-11

Adjudicator

Mayra Sawicki

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

$10-20K

Landlord

D.A.S.F.G.

Tenant

S.R.S.

Landlord rep

M. V. Astudillo

What happened

The Landlord applied to terminate the tenancy for non-payment of rent. An initial order was issued in April 2025, but the Tenant filed for a review, claiming he never received notice of the original hearing because it was sent to his previous address. The Board granted the review, finding the Landlord incorrectly provided the Tenant's old address on the application. Upon rehearing the merits, the Tenant admitted to significant arrears but promised to pay from a pending IRS refund. The Tenant also threatened that if evicted, he would refuse to pay the arrears and force the Landlord to seek enforcement through other courts.

The ruling

The LTB set aside a previous eviction order because the Landlord served notice to the Tenant's old address. However, upon rehearing, the Board found the Tenant owed over $14,000 in arrears. The tenancy is terminated effective August 22, 2025, unless the Tenant voids the order by paying a total of $20,886.00 (covering all rent to the end of August). If the Tenant does not pay, the Landlord is awarded $14,742.20 plus daily compensation of $75.62 until the Tenant vacates.