Resendes v Smith

Tenant wins · St Thomas · 2025-11-06

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

I.R., JP ACOUSTIC AND DRYWALL LTD

Tenant

B.S.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. By the time of the hearing, the Tenant had already vacated the rental unit on April 15, 2023. The Landlord sought an order for the arrears only. However, the Landlord was unable to provide conclusive evidence regarding the exact amount of rent in arrears, leading the Board to dismiss the application. The order was significantly delayed in being issued due to an administrative error by the LTB.

The ruling

The Landlord's application for rent arrears was dismissed. Although the Tenant had moved out, the Landlord could not satisfy the burden of proof to establish the exact amount of rent arrears owing. Due to an administrative error, the order was not issued until over two years after the hearing.