Grove v Fowler
Landlord wins · Niagara Falls · 2025-08-07
- Adjudicator
- Vladimir Nikitin
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- J.G.
- Tenant
- E.F., K.H.
What happened
The Landlord applied for eviction due to non-payment of rent. The Tenants requested a review of a previous order after failing to attend the original hearing due to technical issues. The review was granted. During the merit hearing, the Tenants raised maintenance issues (Section 82) regarding a lack of heat, a damaged vehicle from a tree branch, and broken appliances. The Adjudicator found substantial rent arrears but granted a partial rent abatement for the heat and appliance issues. The Tenants also faced an administrative fine due to disruptive and disrespectful behavior during the hearing.
The ruling
The tenancy is terminated effective August 31, 2025. The Tenants may void the eviction by paying $14,536.00 by the termination date. If they fail to pay or move out, the Landlord may enforce the eviction through the Sheriff. The Tenants are ordered to pay $9,744.75 to the Landlord (calculated after deducting a $1,000.00 abatement and the rent deposit). Additionally, a $400.00 administrative fine was imposed on the Tenants for egregious misconduct during the hearing.