Kainth v Brown

Landlord wins · Niagara Falls · 2025-08-28

Adjudicator

Kimberly Parish

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

G.K.

Tenant

S.B.

Landlord rep

Karen Byfield

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and persistent late payments. The Landlord provided evidence that the Tenant has been late paying rent 22 times in the last 22 months. Despite attempts by the Landlord's representative to negotiate a payment plan, the Tenant remained uncooperative, even hanging up the phone during one instance. The Tenant did not attend the hearing.

The ruling

The tenancy is terminated effective September 8, 2025. The Tenant is ordered to pay the Landlord $2,833.10 for rent arrears and the application fee, after deducting the rent deposit and interest. The Tenant may void the eviction by paying $8,091.00 by the termination date. If the Tenant voids the L1 application but fails to pay rent on time between September 2025 and October 2026, the Landlord may apply for an eviction order without notice under the L2 persistent late payment conditions.