Harvey v Kubiak

Landlord wins · Hamilton · 2025-06-05

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

D.H.

Tenant

J.K.

Landlord rep

J. B. Chudyk

What happened

The Landlord applied to evict the Tenant for non-payment of rent. The Tenant attended the hearing and acknowledged the debt, explaining that she was unable to work and pay rent due to suffering a stroke, followed by her son being in the ICU for nearly three months. She requested more time to pay. The Landlord was unwilling to grant an extension. The Board decided to postpone the eviction to allow the Tenant time to pay or find new accommodation.

The ruling

The tenancy is terminated unless the Tenant pays $14,186.00 by June 25, 2025. This amount includes arrears, future rent, and the application fee. If the Tenant fails to pay, she must vacate by June 25, 2025, and will owe the Landlord $8,397.15 (arrears up to the hearing date plus filing fee, less deposit and interest), plus daily compensation of $92.05 from May 30, 2025, until she moves out. The eviction was postponed due to the Tenant's extenuating health circumstances.