Mills v O’Brien also known as Blatensky

Landlord wins · Sudbury · 2025-08-27

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

V.M.

Tenant

I.O.A.K.A.B.

Landlord rep

Jennifer Murray

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant disputed the amount of arrears and attempted to raise maintenance issues under Section 82. However, the Tenant failed to provide any documentary evidence of payments and failed to comply with procedural rules for disclosing maintenance concerns. The LTB found the Tenant's income was insufficient to cover the rent, but granted a short delay in eviction based on the Tenant's recent good-faith partial payment.

The ruling

The tenancy is terminated effective September 30, 2025. The Tenant is ordered to pay $5,106.88 to the Landlord for rent arrears and filing fees. The Tenant may void the eviction by paying the total amount owing plus applicable rent by specific deadlines. A short delay in eviction was granted as relief to allow the Tenant time to find alternate housing, despite the Tenant's inability to afford the current rent.