Divani v Brown and Beattie

Landlord wins · Toronto · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Z.D.

Tenant

M.B., M.B.

Landlord rep

Lata Menon

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 not present at the hearing.

The ruling

The tenancy is terminated effective December 4, 2021. The tenants must pay $35,000 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. If the tenants do not pay the full amount by December 4, 2021, they will start owing interest and the landlord can file the order with the Sheriff to enforce the eviction.