Koch Enterprises Inc. v Butler

Landlord wins · Waterloo · 2025-09-11

Adjudicator

Sheena Brar

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Koch Enterprises Inc.

Tenant

B.B.

Landlord rep

Sharon Williams

What happened

The Landlord applied for termination and eviction based on non-payment of rent. The Tenant raised significant maintenance issues under Section 82, specifically regarding a recurring mold problem in the bedroom that damaged personal property and impacted her health. The Board had to determine if the N4 notice was valid despite clerical errors and evaluate the Tenant's claim for a rent abatement due to the mold conditions.

The ruling

The tenancy is terminated unless the Tenant pays $8,559.00 by September 9, 2025, to void the eviction. If the Tenant moves out, the total amount owed to the Landlord is $3,634.77, which reflects the arrears offset by the last month's rent deposit, interest, and a $2,839.00 credit for mold-related abatement and testing costs awarded to the Tenant.