Henderson Biltmore Inc. v Warnica

Landlord wins · St Thomas · 2025-03-28

Adjudicator

Paula West Oreskovich

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Henderson Biltmore Inc.

Tenant

B.W.

Landlord rep

Robert Rose

What happened

The Landlord filed to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant did not void the N4 notice. At the hearing, the parties agreed on the amount of rent arrears. The Tenant, who is unemployed, requested a delay in eviction while awaiting assistance from the Ontario Works rent bank. The Board granted a postponed eviction.

The ruling

The tenancy is conditionally terminated. The Tenant can void the eviction by paying $4,011.00 by March 31, 2025, or $5,946.00 by April 30, 2025. If the Tenant fails to pay, they must vacate by April 30, 2025. If the tenancy is terminated, the Tenant must pay the Landlord $1,273.94, plus daily compensation of $63.62 from March 19, 2025, until they move out. The eviction is postponed to give the Tenant a chance to secure funds.