Rocca v Fex

Landlord wins · Sudbury · 2025-04-29

Adjudicator

Joy Xiao

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial interference (N5)

Amount

$10-20K

Landlord

J.R.

Tenant

M.F.

Landlord rep

Jennifer Murray

What happened

The Landlord filed applications for non-payment of rent (L1) and for substantial interference (L2) due to the Tenant's failure to pay for hydro as required by the tenancy agreement. At the hearing, the Tenant's request for an adjournment was denied. The Tenant disputed the amount of rent owed and his responsibility for hydro payments but failed to provide any supporting evidence. The Board found the Tenant's testimony not credible and ruled in favor of the Landlord on both applications, ordering the termination of the tenancy unless the full arrears are paid.

The ruling

The tenancy is terminated due to rent arrears of $15,797.00 and substantial interference from unpaid utilities. The Tenant can void the eviction by paying $15,983.00 by April 30, 2025, or $17,183.00 by May 10, 2025. If not voided, the Tenant must move out by May 10, 2025, and pay the Landlord $15,453.65 plus daily compensation. The Tenant's request for adjournment and claims against the Landlord were dismissed.