Mazakian v Deschamps

Landlord wins · Woodstock · 2025-09-02

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

P.M.

Tenant

C.D.

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to substantial rent arrears. The Tenant argued that the Residential Tenancies Act did not apply because she and the Landlord previously shared a kitchen and bathroom and because she claimed co-ownership of the property following a personal relationship. The Landlord countered that he vacated the premises in late 2021, which brought the tenancy under the jurisdiction of the Act. The Member determined the Act applied once the Landlord moved out and that the Tenant failed to provide evidence of co-ownership.

The ruling

The LTB ordered the termination of the tenancy effective September 13, 2025, unless the Tenant voids the order by paying $19,700.00 (the total arrears including rent through September 2025). If the Tenant does not void the order, she is ordered to pay the Landlord $17,686.40 for arrears up to the hearing date plus daily compensation of $32.88 until she vacates.