Faundez v Kamaka

Landlord wins · Etobicoke · 2021-09-20

Adjudicator

Randy Aulbrook

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial Interference (N5)

Amount

$10-20K

Landlord

M.F.

Tenant

N.A.C.K.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the landlord or another tenant. The Landlord served a valid N5 notice, but the Tenant voided it within the 7-day period. The Landlord also served a valid N4 notice for non-payment of rent, and the Tenant did not void this notice.

The ruling

The tenancy is terminated effective June 30, 2021. The Tenant must pay the Landlord $9,292.36 in rent arrears and application costs, less the rent deposit and interest. The Tenant must also pay $23.01 per day in compensation starting July 1, 2021 until they vacate. If the Tenant pays $10,201 by June 30, 2021, the eviction order will be void and the tenancy will continue.