Sanowar v Clement
Landlord wins · Sudbury · 2025-07-07
- Adjudicator
- Vladimir Nikitin
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- B.S.
- Tenant
- D.C.
What happened
The Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent. A preliminary issue arose where the Tenant requested an adjournment because the Landlord's update form showed arrears over $16,000, while the initial notice was significantly lower. The Landlord explained he only listed three months on the N4 because the form only had three lines. To proceed with the hearing, the Landlord agreed to forgive all arrears predating February 1, 2025. The Tenant admitted to not paying rent since February 2025, citing unemployment, health issues, and the death of a partner. She requested a payment plan involving her sister moving in, but the LTB found the plan unrealistic as she was strategically withholding funds and had a history of unreliable roommates.
The ruling
The tenancy is terminated effective July 31, 2025. The Tenant must pay $6,811.40 for arrears up to the hearing date and the filing fee. If the Tenant pays $8,201.00 (full arrears to July 31 plus filing fee) by July 31, 2025, the order is voided and the tenancy continues. Daily compensation of $52.60 applies starting July 5, 2025.