Landlord Wins Non-payment Case: Dipietro v Noravong-Walsh 2024
Niagara Falls tenant faces eviction after job loss, must pay $5639 in rent arrears
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
$5,639
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jun 2024
Order Date
Sep 4, 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 was unable to pay rent after losing employment and requested additional time to vacate.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
- Lawful rent is $1,025.00 due on 1st of each month
- Tenant paid $900.00 since application filed
- Rent arrears as of June 30, 2024 are $6,865.00
Arguments and Actions
Tenant
Actions
Tenant lost jobs, reduced work hours, cannot afford rental unit, requested extra time to vacate
Decision Summary
Tenancy terminated unless Tenant voids order by paying $10,126.00 by September 15, 2024. Tenant must vacate unit by September 15, 2024, or pay daily compensation of $33.70 starting June 20, 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
$1,025
Rent Arrears
$6,865
Application Fee
$186
Rent Deposit
$975
Deposit Interest
$52
Total Owing
$5,639 (Owed to Landlord)
Source
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