Jain v Chase

Landlord wins · Barrie · 2025-06-27

Adjudicator

Jane Dean

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.J.

Tenant

J.C.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant had already vacated the rental unit on May 9, 2025, after returning the keys. The primary dispute concerned whether the Tenant was liable for rent between February and May 2025. The Tenant argued that a mold problem made the unit unsuitable and that she had notified the Landlord of her intent to leave in February. However, the Board found that because the Tenant maintained care and control of the unit and did not return the keys until May, she remained liable for rent until that date.

The ruling

The tenancy was terminated effective May 9, 2025. The Tenant is ordered to pay the Landlord $2,753.70, representing rent arrears up to the move-out date minus the rent deposit and interest. The Board rejected the Tenant's argument for rent abatement regarding the period from February to May 2025, as she retained legal possession of the unit until the keys were returned.