Cerga v Coleman

Landlord wins · Toronto · 2022-09-26

Adjudicator

Emile Ramlochan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

V.C., S.C.

Tenant

D.C., M.B.

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 were still in possession of the rental unit on the hearing date.

The ruling

The Landlords' application for eviction is denied on the condition that the Tenants pay the rent arrears of $18,466 (including $18,280 in rent arrears and $186 in application filing costs) through a payment plan. The Tenants must pay $2,000 by September 30, 2022, $2,000 per month from October 2022 to May 2023, and the remaining $466 by June 1, 2023. The Tenants must also continue to pay the lawful monthly rent of $2,300 as it becomes due. If the Tenants fail to make any of the required payments, the Landlords may apply for an order terminating the tenancy and evicting the Tenants.