Elm Place Inc. v Kelley

Landlord wins · East York · 2022-07-25

Adjudicator

Frank Ebner

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Elm Place Inc.

Tenant

C.K.

Landlord rep

Andrea Jones, David Ciobataru

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenant is ordered to pay the landlord $1,783.88, which includes $1,597.88 in rent arrears up to July 31, 2022 and $186.00 for the landlord's application filing costs. The tenant shall also pay the new monthly rent of $2,399.51 on the first of each month from August 1, 2022 to September 30, 2022, or until the arrears are paid in full, whichever is earlier. If the tenant fails to make any of these payments, the landlord may apply to the LTB for an order terminating the tenancy and evicting the tenant.