35 Canyon Limited v Zaretsky

Landlord wins · Toronto · 2022-01-10

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

35 Canyon Limited

Tenant

E.Z.

Landlord rep

Rachel Gibbons

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays $228 per month towards the $4,562 in rent arrears and costs, and pays the ongoing lawful rent. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.