Evictly

Fletcher v Mcleod

Split/Other wins · Ajax · 2025-06-20

Adjudicator
Joshua Labbe
Dispute
Non-payment of Rent, Personal Use
Notice
Non-payment of rent (N4), Personal use (N12)
Amount
<$5K
Landlord
B.F.
Tenant
B.M.

What happened

The Landlord filed two applications against the Tenant: one for non-payment of rent (L1) and another for personal use of the rental unit (L2). The L2 application was dismissed because the Landlord failed to pay the mandatory one-month rent compensation to the Tenant by the termination date specified in the N12 notice, a requirement under the Act. The L1 application for rent arrears was successful, resulting in a conditional order to terminate the tenancy unless the Tenant pays the outstanding amount.

The ruling

The Landlord's application for personal use (L2) is dismissed. The application for non-payment of rent (L1) is granted. The tenancy is terminated unless the Tenant pays $17,186.00 by July 1, 2025, to void the order. If the payment is not made, the Tenant must move out by that date and pay the Landlord $1,607.12 plus daily compensation of $57.53 for each day they remain in the unit after November 20, 2024.