Oliveira v McConnell

Split/Other wins · Kingston · 2025-05-21

Adjudicator

Alicia Johnson

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

G.O., M.O.

Tenant

B.M., A.L.

Landlord rep

Shasta Pearson

What happened

The Landlords applied to evict the Tenants and collect rent arrears based on a monthly rent of $2,500. The Tenants, who had already vacated, disputed the amount, arguing the lawful rent was $2,200 due to a $300 monthly credit for lawn care and snow removal services, as stipulated in a lease addendum. The Tenants also claimed an unproven $1,100 cash payment. The Board found the effective rent was indeed $2,200, ruling the Landlords could not unilaterally revoke the credit or transfer their maintenance obligations. The Landlords' L2 application for persistent late payment was withdrawn as moot.

The ruling

The tenancy is terminated as of March 31, 2025, the date the Tenants vacated. The Tenants must pay the Landlords $5,631.00. This amount reflects rent arrears calculated at a rate of $2,200/month (not $2,500 as claimed by the Landlords), plus the application fee, minus the rent deposit and its accrued interest. The Board upheld the Tenants' position that a $300 monthly credit for maintenance was a valid and continuing term of the lease.