Evictly

James v Fraser

Landlord wins · Kitchener · 2025-10-15

Adjudicator
Greg Witt
Dispute
Non-payment of Rent
Amount
$10-20K
Landlord
A.J.
Tenant
K.F.

What happened

The Landlord, who is the Tenant's father, applied for rent arrears after the Tenant moved out. The Tenant argued that no tenancy existed and that she was merely an occupant following the eviction of a previous tenant via an N12 notice. She also disputed the lawful rent amount, claiming it was $1,500.00 rather than the $3,000.00 claimed by the Landlord. The Adjudicator determined a verbal tenancy existed and that the lawful rent was $3,000.00 based on the Landlord's rent ledger and previous full payments.

The ruling

The Tenant is ordered to pay the Landlord $18,046.27 for rent arrears and the application fee. The Adjudicator found that a valid verbal tenancy existed with a monthly rent of $3,000.00. The Tenant's obligation to pay ended when she vacated the unit on June 29, 2025. Interest at 4% per annum will accrue if payment is not made by October 26, 2025.