2686250 ONTARIO INC. v D'AGUILAR

Tenant wins · Toronto · 2023-04-17

Adjudicator

Terri van Huisstede

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

2686250 ONTARIO INC.

Tenant

T.D.

Landlord rep

Hana Krischke, Bita Di Lisi

Tenant rep

Samuel Mason, Hannah Walters-Vida

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, but the Tenant did not void the notice by paying the rent arrears.

The ruling

The Landlord's application for eviction due to non-payment of rent is denied. The Landlord shall pay the Tenant $436.80, which includes an abatement of rent for issues related to the boiler fire and water shut-offs, less the $186.00 application filing fee. The Tenant may reduce their May 2023 rent by the $436.80 owed to them. If the Landlord does not pay the Tenant by May 1, 2023, the Landlord will owe interest at 6% annually on the outstanding balance.