Ruscica v Budgell

Landlord wins · Brantford · 2025-04-17

Adjudicator

Joshua Labbe

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

$5-10K

Landlord

M.M.R.

Tenant

L.B., C.H., M.T.

What happened

The Landlord filed applications for non-payment of rent (L1) and persistent late payment of rent (L2). The Tenants did not attend the hearing. The L1 application was successful, leading to a conditional eviction order for rent arrears. The L2 application was dismissed because the N8 Notice of Termination was found to be invalid, as it lacked specific details (the year of the alleged late payments), which was deemed prejudicial to the Tenants.

The ruling

The tenancy is terminated unless the Tenants pay the Landlord $13,677.33 by April 28, 2025. If they fail to pay and do not move out by that date, they will owe $8,013.77 plus daily compensation, and the Landlord can file for eviction. The Landlord's separate application for persistent late payment of rent is dismissed.