65 Emmett Avenue Limited v Delair

Landlord wins · York · 2024-02-15

Adjudicator

Brenda Mercer

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

65 Emmett Avenue Limited

Tenant

M.D., A.S.

Landlord rep

David Ciobotaru

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenants void the order by paying $3,019.66 on or before February 29, 2024, the tenancy will be terminated. If the Tenants do not void the order, they must move out by February 29, 2024. The Landlord is authorized to deduct $44.28 per day for compensation for the use of the unit starting January 23, 2024 until the date the Tenants move out.