ZDICHAVSKY v HAYES

Landlord wins · Fort Erie · 2025-11-03

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

W.Z.

Tenant

D.H., R.Y.

Landlord rep

Bruce Cyopeck

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. The Tenants contested the service of the N4 notice and requested relief from eviction via a payment plan. The LTB member found that the notice was properly served on a balance of probabilities and denied the requested payment plan due to the Tenants' insufficient income and poor payment history.

The ruling

The tenancy is terminated effective November 30, 2025. The Tenants are ordered to pay $4,549.76 for rent arrears up to the hearing date and the filing fee, after deducting the rent deposit and interest. If the Tenants do not move out or pay the total amount of $8,286.00 to void the order by November 30, 2025, the Landlord may enforce the eviction starting December 1, 2025.