Simard v Loxterkamp

Landlord wins · Rockland · 2022-12-09

Adjudicator

Emily Robb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.N.S.

Tenant

B.L.

Landlord rep

B. Simard

Tenant rep

S. Gauthier

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 was granted, but the Tenant was granted relief from eviction and allowed to pay the arrears through a payment plan. The Landlord was ordered to move a bin outside the Tenant's bedroom window. The Tenant was awarded rent abatements for the Landlord's breach of maintenance obligations regarding the ceiling leak and lack of carbon monoxide detector.