Fisher-Kay Ltd. v Cappussi

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

M.C.

Landlord rep

Patricia Marshall

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 ruling

The Landlord's application for eviction was denied on the condition that the Tenant pays $1,000 on April 23, 2021, $500.97 on May 20, 2021, and the full May 2021 rent by the 1st of the month. If the Tenant fails to make any of these payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.