Villanueva v Smith

Landlord wins · Kingston · 2021-01-27

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

L.V.

Tenant

J.S., N.S.

Landlord rep

Julie Bell

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The Tenants are ordered to pay the Landlord $18,139.34, which includes rent arrears, filing costs, and NSF fees, less a $1,086.88 rent abatement for the period the rental unit was without hot water. The Tenants shall pay $600 per month towards the arrears, plus the lawful monthly rent, until the full amount is paid. The Landlord is ordered to repair or replace the hot water tank and ensure a consistent supply of hot water. The lawful monthly rent shall be reduced by 40% until the hot water issue is resolved.