Zenarosa -Sterling v Shavalier

Landlord wins · Niagara Falls · 2023-11-09

Adjudicator

Donna Adams

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

$10-20K

Landlord

A.Z., D.S.

Tenant

P.S., K.J.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlords served valid N4 and N8 notices, but the Tenants did not void the notices by paying the arrears. The Tenants raised various maintenance issues under Section 82.

The ruling

The tenancy is terminated effective November 20, 2023. The Tenants must pay the Landlords $13,857.44, which includes rent arrears, application filing fee, less the rent deposit, interest on the deposit, and a $400 rent abatement. The Tenants must also pay daily compensation of $45.49 from July 13, 2023 until they vacate the unit. If the Tenants do not pay the full amount by November 20, 2023, they will owe interest at 7% annually on the outstanding balance.