Marchese v Bains

Tenant wins · Dunnville · 2025-11-04

Adjudicator

Nicole Pedron

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.M., J.M.

Tenant

D.S.B.

What happened

The Landlords applied to evict the Tenant for non-payment of rent. The primary dispute concerned $5,000 paid by the Tenant in May 2025. Landlord 1 argued this was a deposit for the potential purchase of the home which fell through, and thus should not count as rent. The Tenant presented text evidence showing Landlord 1 agreed to apply the $5,000 toward rent arrears. The Board determined the real substance of the transaction was rent and found the Tenant actually overpaid once the rent deposit was applied.

The ruling

The tenancy is terminated effective September 24, 2025, the date the Tenant moved out. The Landlords are ordered to pay the Tenant $305.35 by November 15, 2025. This amount represents the surplus of the Tenant's payments and rent deposit over the total rent arrears and filing fee.