Landlord Wins Non-payment Case: Dipietro v Medeiros 2024
Niagara Falls tenant faces eviction for $9400 rent arrears due to health challenges
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 4313 Queen St, Niagara Falls, ON L2E2K9
Decision in favor of
landlord
Balance Owed to Landlord
$8,026
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Aug 30, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant did not void the N4 Notice and was still in possession of the rental unit at the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession of unit
- Lawful rent is $1,125.00 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord's agent agreed to Tenant's request for time to vacate.
Tenant
Actions
Tenant was in and out of hospital and could not work, which led to rent arrears. Initially sought payment plan, then requested time until end of July 2024 to vacate.
Decision Summary
Tenancy terminated unless Tenant voids order by paying specified amounts. Tenant can void order by paying $11,836.00 by August 31, 2024, or $12,961.00 by September 10, 2024. If not paid, Tenant must vacate unit by September 10, 2024.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
83.9%
Tenant Favorable
9.7%
Mutual Agreement
6.5%
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Financial Details
Lawful Rent
$1,125
Rent Arrears
$9,400
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$38
Total Owing
$8,026 (Owed to Landlord)
Source
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