Mackeigan v Kmetyk

Landlord wins · Fort Erie · 2025-05-23

Adjudicator

Mayra Sawicki

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

A.M.

Tenant

K.K.

Landlord rep

P. Fahy

What happened

The Tenant requested a review of an eviction order for non-payment of rent, claiming he did not receive the Notice of Hearing for the original hearing. The Board granted the review, finding the Tenant was not reasonably able to participate because the notice was left in a shared mailbox and the Landlord failed to produce alleged video evidence of receipt. In the new hearing on the merits, the Tenant admitted to the significant rent arrears, citing financial hardship. The Board found the tenancy was not viable and ordered termination, but granted a short delay to the eviction date.

The ruling

The Board granted the Tenant's review request, cancelling a previous eviction order because he was not properly notified of the original hearing. After a new hearing, the Board found the non-payment claim valid. The tenancy is terminated unless the Tenant pays $14,601.00 by May 31, 2025, or $16,401.00 by June 20, 2025. If no payment is made, the Tenant must vacate by June 20, 2025, and owes the Landlord $12,142.68 plus daily compensation.