Fisher-Kay Ltd. v Aikman

Split/Other wins · North York · 2021-04-26

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Fisher-Kay Ltd. o/a Fairway Place Apts.

Tenant

A.A., J.A., J.A.

Landlord rep

Patricia Marshall

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 ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants pay the balance owing of $1,362.92 on April 30, 2021. If the Tenants fail to make the payment, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenants and for the payment of any new arrears of rent and NSF charges not already ordered.