Borchetta v Pearson

Split/Other wins · Mount Hope · 2025-09-23

Adjudicator

Candace Aboussafy

Dispute

Damage to Property, Maintenance, Non-payment of Rent, Persistent Late Payment, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.B.

Tenant

J.P., T.M.

Landlord rep

Francisco Gomez

Tenant rep

Kimberley Farrell

What happened

The Landlord applied for eviction based on non-payment of rent, damages to the roof, substantial interference, and persistent late payment. The Tenants requested a review of a previous order and raised significant maintenance issues under Section 82, including a leaking roof that eventually led to a ceiling collapse. The Tenants vacated the unit on April 30, 2024.

The ruling

The tenancy was terminated effective the move-out date of April 30, 2024. The Landlord's application for damages was dismissed. The Tenants were ordered to pay $4,575.47 in arrears, which was significantly reduced from the original claim due to a 25% rent abatement ($6,466.68) granted to the Tenants for the Landlord's failure to repair a leaking roof and collapsed ceiling.