Knapp v Teskey
Split/Other wins · Windsor · 2023-07-31
- Adjudicator
- Sandra Macchione
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- K.K.
- Tenant
- M.T., C.T.
- Landlord rep
- Mark Gebriel
- Tenant rep
- ToriLee Jenkins
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
The ruling
The landlord's application for eviction is denied due to the landlord's serious breach of their maintenance obligations by failing to repair the furnace. The tenant is ordered to pay $9,035.40 to the landlord, which includes rent arrears up to May 31, 2023 and the cost of filing the application, minus the rent deposit and a rent abatement of $5,350.60 for the period the unit was without heat. The landlord is ordered to immediately repair or replace the furnace/heat exchanger.