Dianova v Rozborowskyi

Split/Other wins · Niagara Falls · 2025-11-07

Adjudicator

Karen Gonçalves

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

S.D.

Tenant

S.R., J.T.

Landlord rep

Ipolit Bigiumov

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to persistent late payment of rent. The Landlord provided evidence that the Tenants paid rent late eight times over a nine-month period in 2025. Although the grounds for termination were met, the Landlord noted that the Tenants' payment behavior had improved recently. Consequently, the adjudicator granted relief from eviction under specific conditions requiring timely payments for the following year.

The ruling

The tenancy is allowed to continue provided the Tenants adhere to strict conditions. The Tenants must pay their monthly rent on or before the first day of each month from December 1, 2025, to November 30, 2026. If a payment is missed or late during this period, the Landlord can apply for an eviction order without notice. Additionally, the Tenants are ordered to pay the Landlord $186.00 for the application filing fee by November 30, 2025.