Elliott v Kotarski
Landlord wins · Burlington · 2025-07-31
- Adjudicator
- Colin Elsby
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- M.E.
- Tenant
- I.I.I.K.
What happened
The Landlord applied for the termination of the tenancy and eviction of the Tenant due to substantial rent arrears exceeding $70,000. The Tenant did not dispute the arrears but requested a delay in eviction to wait for a lump sum payment from the Canada Revenue Agency. The Board addressed the issue of its $35,000 monetary jurisdiction limit in relation to the amount required for the Tenant to void the eviction order.
The ruling
The tenancy is terminated effective August 11, 2025, unless the Tenant pays $73,331.60 by July 31, 2025, or $75,537.91 by August 11, 2025, to void the order. If the order is not voided, the Tenant must move out and is ordered to pay the Landlord $35,186.00 (the jurisdictional limit plus filing fee), plus daily compensation of $72.54 until they vacate.