MARKS v MAHON

Landlord wins · Windsor · 2025-06-19

Adjudicator

Colin Elsby

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

B.M., RIVARD 2420 LIMITED

Tenant

S.M.M.

What happened

The Landlords applied to evict the Tenant for non-payment of rent. At the hearing, the Tenant requested an adjournment to raise issues under section 82 of the Act, but this was denied because she failed to provide the required seven-day notice and evidence in advance. The adjudicator ruled that granting the request would cause undue prejudice to the Landlords, given the significant rent arrears. The Tenant did not dispute the arrears. The Board issued a conditional order terminating the tenancy unless the Tenant pays the full amount owing by a specified date.

The ruling

The tenancy is terminated unless the Tenant pays the Landlord $11,711.00 by June 30, 2025. If this condition is not met, the Tenant must move out by June 30, 2025, and pay the Landlord $6,815.85, which covers rent arrears up to the hearing date, NSF charges, and the application fee, minus the rent deposit and interest. A per diem of $53.42 is also payable for each day of occupancy from May 1, 2025, until move-out.