Laferriere v Mitchell

Landlord wins · Cornwall · 2025-05-29

Adjudicator

Paula West Oreskovich

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.L., G.L.

Tenant

A.M.

What happened

Landlords applied to evict the Tenant for non-payment of rent. In response, the Tenant raised numerous maintenance issues under section 82 of the Act, including a defective hot water tank, mould, a leaking pipe, insufficient heating, a broken door frame, rats, a dead pigeon, and missing window screens/locks. The Board reviewed each claim and found the Landlords had responded appropriately and in a timely manner, or the Tenant failed to provide sufficient evidence. All of the Tenant's claims were dismissed, and the eviction was granted, with an option for the Tenant to void the order by paying the arrears.

The ruling

The tenancy is terminated unless the Tenant pays the full amount owing to void the order. Two payment options are provided: $7,203.36 by May 31, 2025, or $8,372.92 by June 9, 2025. If the order is not voided, the Tenant must vacate by June 9, 2025, and pay the Landlords $3,403.05, plus daily compensation of $38.45 from March 27, 2025. The Tenant's request for relief from eviction was denied, and all of her s.82 maintenance claims were dismissed.