Ma v Genereaux

Landlord wins · Niagara Falls · 2023-11-21

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

>$20K

Landlord

K.M.

Tenant

J.G., A.B.

Landlord rep

Angela Browne

Tenant rep

James Genereaux

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenants did not void the notices by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.

The ruling

The L2 application for persistent late payment was dismissed. The tenancy is terminated unless the Tenants pay $25,466 by November 30, 2023 or $27,146 by December 2, 2023 to void the order. If the Tenants do not pay, they must vacate the unit by December 2, 2023 and pay the Landlord $24,172.61 plus daily compensation.