Jensen v. Johnson

Landlord wins · 2022-07-22

Adjudicator

Vermette J.

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

F.A.J., W.J.

Tenant

E.C.M.J., M.G.

Landlord rep

Luis Hernandez

What happened

Landlords sought termination of tenancy and eviction of Tenants due to non-payment of rent totaling $47,300. Tenants had previously filed a T6 application for maintenance issues, which was settled by consent order. The Superior Court of Justice heard the Landlords' application due to the amount exceeding the Landlord and Tenant Board's monetary jurisdiction.

The ruling

The Court granted the Landlords' application for termination of tenancy, eviction of Tenants, and payment of $47,300 in rent arrears. The Court found that the Tenants had failed to pay rent for extended periods and did not provide evidence of alleged payments. The Court rejected the Tenants' arguments for dismissal under section 83(3) of the Residential Tenancies Act, finding that the application was brought due to non-payment of rent and not in retaliation for the Tenants' maintenance complaints.