Royal Downs Development Limited v Nzolameso

Landlord wins · North York · 2025-06-05

Adjudicator

Paula West Oreskovich

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Royal Downs Development Limited

Tenant

M.G.N.

Landlord rep

Bryan Rubin, Maria Sandrine

What happened

The Landlord filed for eviction due to rent arrears. The core of the dispute was a single cash payment for October 2023 rent, which the Tenant claimed to have made and for which he had a receipt. However, the Tenant could not produce the receipt or any other evidence of payment. The Board placed the burden of proof on the Tenant and, due to the lack of evidence, found that the payment was not made.

The ruling

The tenancy is conditionally terminated. The Tenant can void the eviction order by paying the Landlord $6,731.70 by June 30, 2025, or $8,273.38 by July 31, 2025. If the Tenant fails to pay and vacates the unit, they are ordered to pay the Landlord $1,765.94 for rent arrears and the application fee, less the rent deposit and interest. The eviction is postponed until July 31, 2025, to give the Tenant a final chance to pay.