Capobianco v Villena

Landlord wins · Markham · 2021-06-07

Adjudicator

Rebecca Case

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

G.C., A.C.

Tenant

C.V., J.V.

Landlord rep

David Strashin

Tenant rep

Christopher Villena

What happened

Landlords 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 had vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The Landlords' application is dismissed without prejudice. The 2019 rent increase was found to be void, and the Notice of Termination was also void as a result. The Landlords were granted consent to withdraw their application and restart the process.