Wright v Maruca

Landlord wins · Niagara Falls · 2025-08-19

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Non-payment of rent (N4)

Landlord

N.M.

Tenant

D.W.

What happened

The Tenant applied for a review of a previous order which had dismissed his claim that the Landlord served an N12 notice in bad faith. The original adjudicator found that the Tenant moved out due to an N4 notice for non-payment of rent and subsequent legal proceedings, rather than the N12 notice. The Tenant requested a review alleging a serious error, claiming the member failed to consider if both notices influenced his decision to vacate.

The ruling

The Tenant's request for a review of the order dated July 21, 2025, is denied. The Board found no serious error in the original determination that the Tenant vacated the rental unit because of non-payment of rent (N4) rather than the Landlord's notice for personal use (N12). The original order remains confirmed and unchanged.