Barnes v Mckenzie, Tapp
Landlord wins · Oshawa · 2021-06-10
- Adjudicator
- Dale Whitmore
- Dispute
- Non-payment of Rent, Substantial Interference
- Amount
- >$20K
- Landlord
- D.B.
- Tenant
- K.M., S.T.
- Landlord rep
- Carie Aylwin
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to rent arrears and substantial interference with reasonable enjoyment. The Landlord withdrew the application regarding substantial interference at the hearing.
The ruling
The tenancy is terminated effective June 21, 2021, and the Tenants shall vacate the unit on or before that date. If the unit is not vacated by June 21, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenants shall pay the Landlord $35,000.00, which represents the rent owing to the end of the tenancy, less the amount extinguished pursuant to subsection 207(3) of the RTA. If the Tenants do not pay the full amount by June 21, 2021, they will owe simple interest calculated from June 22, 2021 at 2.00% annually on the balance outstanding. The order will be void, and the tenancy will not terminate, if the Tenants pay $35,000.00 to the Landlord or to the Board on or before June 21, 2021.