Stakusic v Nguyen

Split/Other wins · Etobicoke · 2025-06-18

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

V.S., T.M.

Tenant

Y.N.

Landlord rep

Miran Kert

Tenant rep

Robert Minott

What happened

The Landlords filed an application to evict the Tenant for non-payment of rent. The adjudicator found the N4 eviction notice invalid due to the Landlords' poor record-keeping and one Landlord's unreliable testimony regarding rent payments made in cash without receipts. Consequently, the eviction was dismissed. However, the adjudicator found the other Landlord's testimony regarding a recent missed payment credible and, proceeding under section 87 of the RTA, ordered the Tenant to pay one month's rent. The Tenant's agent was found not to be a credible witness.

The ruling

The Landlords' application to evict the Tenant is dismissed as the N4 notice was invalid. However, the Tenant is ordered to pay the Landlords $1,037.30 for unpaid rent. The Landlords' request for the $186.00 application fee is denied due to their poor record-keeping, which caused substantial delays.