Brites v Frink

Landlord wins · Kingston · 2023-03-16

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.B.

Tenant

J.F.

Landlord rep

Jose Brites

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant shall pay the $2,516 in arrears and costs in 12 monthly installments of $200, with a final payment of $116. The Tenant must also pay new rent on time and in full. If the Tenant fails to make any of the payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.