Fournier v Edge
Landlord wins · Kingston · 2025-04-30
- Adjudicator
- Joshua Labbe
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- M.F., M.M.
- Tenant
- D.E., J.K.
- Landlord rep
- Lorrie McCullough
- Tenant rep
- Paula Stevens
What happened
The Landlords applied to terminate the tenancy for non-payment of rent. A key issue was the liability of a tenant, Justin Kelher, who had vacated the property in September 2024 but was part of a joint tenancy. The Board determined that despite not being in possession, he remained a tenant for the purpose of rent arrears under section 87 of the RTA. The remaining tenant, Dustin Edge, was still residing in the unit. The tenants did not void the N4 notice, leading to a termination order.
The ruling
The tenancy is terminated unless the Tenants void the order by paying $8,886.00 by April 30, 2025, or $10,886.00 by May 11, 2025. If they fail to pay, they must vacate by May 11, 2025, and are ordered to pay the Landlords $6,394.14 for arrears and costs, plus daily compensation for overholding. The Board denied the Tenants' request for relief from eviction, citing the significant arrears and poor payment history.