Kiya Investment Corp. v Fitzpatrick

Tenant wins · Port Perry · 2026-01-08

Adjudicator

Jitewa Edu

Dispute

Maintenance, Non-payment of Rent, Tenant Rights

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Kiya Investment Corp.

Tenant

J.F., L.K.

Landlord rep

E. Steiman

What happened

The Landlord applied for rent arrears. The Tenants moved out on November 30, 2024, but the Board found the tenancy legally terminated on December 31, 2024, because the Tenants failed to provide 60 days' notice. The Tenants raised Section 82 issues concerning mold in the unit and illegal entries by the Landlord. The Tenants also sought a review of a previous order that resulted in wage garnishment. The Board determined the Landlord acted reasonably regarding mold remediation and that while some entry notices were slightly short of the required 24 hours, they were justified by the Landlord's attempts to resolve the mold issues.

The ruling

The LTB terminated the tenancy effective December 31, 2024. Although the Landlord claimed rent arrears, the amount already collected through wage garnishment, combined with the last month's rent deposit and interest, exceeded the total amount owed by the Tenants. Consequently, the Landlord is ordered to pay the Tenants $20.80. The Tenants' claims for rent abatement due to mold and illegal entry were dismissed.