Evictly

JSS Riverdale Holdings Inc. v Kabengele

Landlord wins · Ottawa · 2021-08-01

Adjudicator
Douglas Wilkins
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
JSS Riverdale Holdings Inc.
Tenant
N.K.
Landlord rep
Victor Saikaley

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant had not paid the full rent owed from March 1, 2020 to August 31, 2021, resulting in the Landlord serving a Notice of Termination. The Tenant raised issues under section 82 of the Residential Tenancies Act, 2006 regarding cockroaches and a cold water leak in the washer.

The ruling

The Landlord's application for eviction was denied on the condition that the Tenant pays the rent on time and $1,000 per month towards the $8,385.86 in arrears. The Landlord was ordered to pay the Tenant $2,620.14 for the cockroach issue and $100 for the washer issue. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.