D'Arcy v Chasi

Landlord wins · Toronto · 2022-10-25

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.D.

Tenant

A.K.C., J.K.C.

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 absent from the hearing.

The ruling

The landlord's application for eviction was dismissed due to the invalid N4 notice. However, the landlord was granted an order for the rent arrears of $3,070 and the $186 application fee. If the tenants do not pay the full amount by November 5, 2022, they will start owing interest at 4% annually on the outstanding balance.