Wong v Mcilravey

Landlord wins · St Catharines · 2025-05-21

Adjudicator

Kyle McGraw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.W.

Tenant

S.M., J.H.

Tenant rep

Kim Jordan

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for rent arrears. At the hearing, one Tenant was removed from the application as she had previously vacated. The remaining Tenant, who also vacated before the hearing, disputed the lawful rent amount, citing a cancelled 'Option to Purchase' agreement. The Board determined the lawful rent was higher than the Tenant claimed and found the Tenant failed to prove a rent deposit was paid.

The ruling

The tenancy is terminated effective September 1, 2023, the date the Tenant vacated the unit. The Tenant is ordered to pay the Landlord a total of $2,761.77, which includes rent arrears calculated up to the move-out date and the application filing fee. The Board found that no rent deposit was paid by the Tenant.