Uthayakumar v Menard
Landlord wins · Bowmanville · 2025-04-30
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- J.U.
- Tenant
- L.M.
- Landlord rep
- Niroshan Thambiraja
What happened
The Landlord applied for eviction due to non-payment of rent. A significant complication arose when a fire on March 6, 2025, destroyed the entire residential complex, rendering it uninhabitable and leading to a municipal demolition order. Despite the Tenant being absent from the hearing, the Board found she was still in possession at the time of the application. The Board issued a conditional eviction order based on the non-payment, allowing the Tenant to void it by paying the arrears, even though the unit no longer exists.
The ruling
The tenancy is conditionally terminated. The Tenant can void the order and bizarrely 'continue the tenancy' by paying $11,721.74 by May 11, 2025. If she fails to pay, she must vacate by May 11, 2025 (from a unit that is already destroyed) and owes the Landlord $10,851.91, which covers arrears up to the date of the fire and the application fee, less the rent deposit with interest.