Carlucci v O'Neill

Split/Other wins · Wasaga Beach · 2025-10-31

Adjudicator

Jeremy Henderson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

N.C.

Tenant

A.O.

Landlord rep

Ciara McMullen

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to significant rent arrears totaling over $17,000. The Tenant acknowledged the debt but cited job loss, vehicle repair costs, and a marital separation as reasons for the financial hardship. The Tenant lives with four children, one of whom has a learning disability. The Adjudicator considered the circumstances under Section 83 and granted a conditional stay of eviction, allowing the Tenant to pay off the arrears through an 18-month payment plan while maintaining current rent payments.

The ruling

The Tenant is ordered to pay $18,095.00 in arrears and costs. Eviction is stayed provided the Tenant follows an 18-month payment schedule, paying $1,000.00 per month towards arrears starting November 10, 2025 (with a final payment of $1,095.00), in addition to ongoing monthly rent. Failure to meet any payment allows the Landlord to apply for an eviction order without further notice.