Evictly

Nakhimov v Natale

Landlord wins · Maple · 2025-06-24

Adjudicator
Jane Dean
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
I.N.
Tenant
M.N., L.N.
Landlord rep
Howard Tavroges

What happened

The Tenants requested a review of an eviction order for non-payment of rent, claiming they were not reasonably able to participate in the original hearing because they did not receive notice. The Landlord countered that the Tenants have a history of using this excuse in other proceedings and that the arrears exceed $30,000, causing a risk of foreclosure for the Landlord.

The ruling

The request to review the original eviction order is denied. The Board found the Tenants' claims of not receiving hearing notices not credible given the accuracy of the Board's mailing records and the Tenants' history of similar claims. The stay of the original order is lifted immediately due to the high amount of arrears (over $30,000) and the Landlord's financial hardship.