Case Study

LTB Order on Non-payment of Rent and Eviction

Case LTB-L-080552-25 Decision

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 5, 2026

Order Issued: Date not provided

Termination Date: Not applicable, eviction denied

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-L-080552-25

Address: 4, 123 ALBERT STREET, ST. CATHARINES ON L2R2H6

Form Used: N4 Notice

Served By: Landlord

Amount Awarded: $849.64

Decision In Favor: Tenant

Application Type: Eviction for non-payment of rent

RTA Sections: Section 69, Section 111, Subsection 83(2)

👥 Parties involved

Landlord: ERIC MARTENS

Landlord Rep: Self Represented

Tenant: KURT DUNN, JENNIFER JUDSON

Tenant Rep: Justin O’Donnell

Adjudicator: Not specified

Keywords: eviction, non-payment of rent, rent arrears, payment discount

⚖️ Decision summary

Tenant to pay $849.64 covering arrears and costs.
Eviction denied, conditional on tenant's compliance with new payment terms.

⚠️ Dispute summary

Dispute over the application of a prompt payment discount after its term in the lease had ended.

📑 Findings & determinations

Valid N4 notice served.
Rent arrears confirmed.
Eviction denied based on tenant's good faith belief and consistent payment history.

💡 Summary points

Landlord applied for eviction due to non-payment of rent.
Eviction application denied, tenant to pay outstanding arrears and costs.
Tenant believed in good faith that a discontinued discount still applied.

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