Killam Apartment REIT v Martin

Landlord wins · London · 2025-10-16

Adjudicator

Trish Carson

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Notice to Terminate a Tenancy Early (N5)

Amount

>$20K

Landlord

K.A.R.

Tenant

G.M.

Landlord rep

Jennifer Smith

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent and for causing substantial damage to the rental unit due to a fire. The Tenant admitted to leaving food unattended on the stove, which resulted in over $17,000 in repair costs. The Tenant also faced financial hardship, with his monthly income from Ontario Works being significantly less than the lawful monthly rent, leading to substantial arrears.

The ruling

The tenancy is terminated effective October 27, 2025, unless the Tenant voids the order by paying $5,537.20 (arrears and filing fee). If the tenancy continues, the Tenant is ordered to pay $17,348.33 in four monthly installments of approximately $4,337.08 for fire damages. Failure to meet the damage payment installments allows the Landlord to apply for eviction without notice under Section 78. If the Tenant does not void the L1 order, he must move out and pay a balance of $3,871.45 plus daily compensation and the established damage costs.