Landlord Wins Non-payment Case: Xie v Cox 2024
Niagara Falls tenants faces eviction for non-payment of rent, owe $4486 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 4929 David Ave, Niagara Falls, ON L2E5C7
Decision in favor of
landlord
Balance Owed to Landlord
$4,486
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jan 2024
Hearing Date
May 2024
Order Date
Jun 11, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on application date
- Lawful rent is $2,150 due on 5th of each month
- Tenant paid $8,600 since application filed
- Rent arrears owing to June 4, 2024 are $2,150
- Landlord incurred $186 application filing fee
Decision Summary
The tenancy is terminated unless the Tenant pays $4,486 by June 30, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by June 30, 2024. If they do not vacate, the Landlord can file the order with the Sheriff to enforce the eviction starting July 1, 2024. The Tenant also owes $1,811.64 in rent arrears and compensation.
Reason for Eviction Relief
Presence of children in the rental unit
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$2,150
Rent Arrears
$2,150
Application Fee
$186
Rent Deposit
$2,150
Deposit Interest
$18
Total Owing
$4,486 (Owed to Landlord)
Source
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