Keith v Freeman
Split/Other wins · Guelph · 2025-06-05
- Adjudicator
- Kyle McGraw
- Dispute
- Maintenance, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- L.K.
- Tenant
- J.F.
- Landlord rep
- Ruth Michelle Hayden
- Tenant rep
- Neil MacIsaac
What happened
The Landlord applied for eviction for non-payment of rent. A central dispute was the lawful monthly rent amount ($1,600 vs $1,100), with the Board determining it to be $1,600. However, the Landlord's N4 notice was deemed invalid because it listed the incorrect rent amount ($1,100), leading to the dismissal of the eviction application. The Tenant raised several maintenance issues under section 82, some of which were found to be valid, resulting in a repair order but no rent abatement. The final order requires the Tenant to pay rent arrears.
The ruling
The Landlord's application to terminate the tenancy for non-payment of rent is dismissed as the N4 notice was invalid due to an incorrect rent amount. The adjudicator determined the lawful rent is $1,600.00 per month. The Tenant is ordered to pay the Landlord $10,871.00 for rent arrears and the application fee, less a $315.00 credit. Additionally, the Landlord is ordered to complete specific repairs (light switch, smoke/CO2 detectors, toilet) by June 30, 2025.