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Case Study

Eviction Order for Non-Payment of Rent

Armanios v Viveiros, 2023 ONLTB 30449

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-03-23

Order Issued: 2023-04-11

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-035103-22
Address: 2, 65 STEDFORD CRES BRAMPTON ON L7A4P7
Form Used: N4 Notice to End Tenancy Early for Nonpayment of Rent
Served By: Hand delivered by Simon Armanios
Amount Awarded: $22,035.00 in rent arrears, $186.00 in filing costs
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82

👥 Parties involved

Landlord: Eiriny Hanna and Simon Armanios
Landlord Rep: Brenda Rizzo
Tenant: Michael Francisco Viveiros
Tenant Rep: Duty counsel
Adjudicator: Not specified
Keywords: eviction, non-payment of rent, rent arrears, N4 notice, video teleconference

⚖️ Decision summary

Tenancy terminated due to non-payment of rent.
Tenant may void this order and continue tenancy under unspecified conditions.

⚠️ Dispute summary

Tenant claimed non-receipt of N4 notice, which was refuted by landlord's credible evidence.
Tenant raised maintenance issues without prior disclosure, not allowed by adjudicator.
Tenant requested a repayment plan, which was not agreed upon by the landlord.

📑 Findings & determinations

Tenant's failure to pay rent justified eviction.
Landlord's financial hardship due to non-payment was significant.
Tenant's credibility was questioned, weakening his case.

💡 Summary points

Tenant failed to pay rent leading to significant arrears.
Landlord served a valid N4 notice which was not voided by the tenant.
Tenant did not make good faith attempts to pay rent or negotiate repayment.
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