PAK PETROLEUM INC v DEGUIRE

Landlord wins · VANKLEEK HILL · 2025-07-21

Adjudicator

Nathalia Debski

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

PAK PETROLEUM INC. 002827236

Tenant

J.R.J.D.

Landlord rep

Lisa Lynn Duchene

What happened

The Landlord applied for eviction due to non-payment of rent. The Tenant attended the hearing and claimed he withheld rent because of serious maintenance issues, including a lack of hot water from January to May 2025 and a severe rat infestation where he was allegedly bitten twice. The Board found the Landlord's evidence regarding the rent arrears more credible as the Tenant provided no proof of payment. The Tenant's maintenance issues were not properly raised under s.82 and were deemed insufficiently proven to warrant mandatory relief from eviction under s.83. However, the Board granted discretionary relief by postponing the eviction date to give the Tenant time to find new accommodation.

The ruling

The tenancy is terminated unless the Tenant pays the full amount owing on a set schedule. The first payment of $5,666.00 is due by July 31, 2025, to void the eviction. If the Tenant fails to pay and void the order, they must move out by September 15, 2025, and owe the Landlord $4,881.52 plus daily compensation. The Tenant's claims of a rat infestation and lack of hot water were dismissed as a basis for mandatory relief due to insufficient evidence, but the eviction was postponed.