METCAP LIVING MANAGEMENT INC. v Issack

Split/Other wins · Ottawa · 2025-05-13

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

METCAP LIVING MANAGEMENT INC.

Tenant

A.I.

Landlord rep

M. Nabi

Tenant rep

Matthew Benoit

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The primary dispute involved a parking fee that the Tenant attempted to cancel after a co-tenant vacated the unit. The Tenant argued the rent should be reduced, while the Landlord maintained the fee was still applicable because no formal agreement was reached to cease the service. The Member found that while the Tenant requested the cancellation, the Landlord did not agree, making the higher rent amount lawful. However, relief from eviction was granted due to the nature of the dispute.

The ruling

The LTB ruled that the Tenant's rent remains $1,665.62 as the Landlord did not agree to remove the parking service fee. The Tenant owes $1,575.87 including the filing fee. However, the LTB granted relief from eviction, meaning the Tenant can remain in the unit if they pay the arrears by June 30, 2025. The co-tenant who moved out was removed from the application.