Kandiah v Chaikalis
Last updated: August 8, 2025
Order
Ordered by Greg Witt,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Kandiah v Chaikalis, 2025 ONLTB 31835
File Number: LTB-L-084572-24
Timeline
Application Date (Estimate)
Sep 2024
Hearing Date
Mar 2025
Order Date
Apr 28, 2025
Tenancy End Date
May 2025
We estimate Application Date using rent arrears.
Decision
The tenancy is terminated unless the Tenant pays $21,786.00 by April 30, 2025, or $24,586.00 by May 31, 2025. The Board granted relief from eviction by postponing the eviction date to May 31, 2025, to allow the Tenant time to find alternative housing. If the Tenant fails to void the order, they must vacate by May 31, 2025, and pay the Landlord $15,239.85 plus a daily compensation of $92.05 from March 20, 2025, until they move out.
Reason for Eviction Relief
The Tenant had a workplace accident, recently found new employment, and would face challenges finding a new unit in the current rental market. The postponement provides time for a housing search.
Dispute
The Landlord filed an application to terminate the tenancy and evict the Tenant due to significant rent arrears. The Tenant requested an adjournment of the hearing, claiming insufficient time to prepare, but the request was denied. The Tenant attributed the failure to pay rent to a workplace accident in July 2024 that limited his income. Despite this, the Board ordered the termination of the tenancy, though it postponed the eviction date to provide the Tenant with time to secure new housing.
Determinations
- The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice).
- The Tenant did not void the notice by paying the amount of rent arrears owing.
- As of the hearing date, the Tenant was still in possession of the rental unit.
- The lawful rent is $2,800.00, due on the 1st of each month.
- The Tenant has not made any payments since the application was filed.
- The rent arrears owing to March 31, 2025 are $18,800.00.
Landlord's Arguments
Arguments
The Landlord's representative argued that any delay or payment plan would cause further prejudice to the Landlord due to the significant amount of arrears, pointing out the Tenant's failure to make any payments despite having some income.
Actions and Evidence
The Landlord served a valid N4 Notice for non-payment of rent and filed an application with the LTB. The Landlord's representative objected to the Tenant's requests for an adjournment and a payment plan.
Tenant's Arguments
Arguments
The Tenant requested an adjournment, claiming late receipt of the Notice of Hearing. The Tenant also argued for relief from eviction under section 83 of the RTA, based on health issues, new employment, and difficulties in the rental market.
Actions and Evidence
The Tenant stopped paying rent, leading to arrears of $18,800.00 by March 31, 2025. The Tenant stated this was due to a workplace accident in July 2024. At the hearing, the Tenant requested an adjournment and a payment plan.
Considerations
Accumulated significant rent arrears and made no payments since the application was filed, despite testifying to have earned some income.
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