Read v Kugler

Landlord wins · Waubaushene · 2025-10-27

Adjudicator

Rachel Gibbons

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.R., P.R.

Tenant

T.K.

Landlord rep

Joan Backhurst

Tenant rep

Letitia Webley

What happened

The Landlords applied for termination of tenancy and eviction due to rent arrears. A preliminary dispute arose regarding whether a $20.00 charge for cable and PVR services constituted 'rent' under the Act. The Tenant also attempted to raise Section 82 issues which were dismissed for being too vague. The Tenant cited job loss and health issues as reasons for non-payment, while the Landlords cited financial hardship as retired individuals relying on the rental income.

The ruling

The LTB terminated the tenancy effective November 30, 2025, unless the Tenant voids the order by paying arrears. The Tenant is ordered to pay the Landlords $2,748.10 (representing arrears to the hearing date and costs, minus the deposit and interest). The Member found the tenancy unsustainable as the Tenant's Ontario Works income of $650 is insufficient to cover the $1,020 rent.