Caruana v Blackwood, Davis

Landlord wins · Toronto · 2021-06-23

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

F.C.

Tenant

M.B., N.D.

Landlord rep

Frank Caruana

Tenant rep

Nathan Davis

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 tenant Melissa Blackwood had vacated the rental unit in August 2020, prior to the hearing date.

The ruling

The tenancy was terminated effective July 15, 2021. The Tenant Nathan Davis is ordered to pay $13,058.29 to the Landlord, which includes rent arrears up to the termination date, compensation for use of the unit after the termination date, and the cost of filing the application, less the rent deposit and interest on the deposit. The Board granted a 2% rent abatement for issues with water pressure and broken tiles. The eviction was postponed to July 15, 2021 due to the Tenant's injuries.