Garmash v McIsaac

Landlord wins · Nepean · 2022-10-07

Adjudicator

Peter Nicholson

Dispute

Non-payment of Rent, Substantial interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

M.G., E.G.

Tenant

E.V., K.M.

Landlord rep

E. Vasilieva

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the reasonable enjoyment of the residential complex. The Landlords served a valid N4 Notice and the Tenants did not void the notice by paying the arrears. The Landlords also filed an N5 Notice alleging the Tenants' behavior substantially interfered with the Landlords' enjoyment of the property, but this allegation was dismissed as the arrears were eventually paid.

The ruling

The tenancy is terminated unless the Tenants pay $11,293.20 to void the order by October 18, 2022. If the Tenants do not pay this amount, they must vacate the unit by October 18, 2022 and pay the Landlords $5,067.18, plus daily compensation of $65.38 from August 26, 2022 until the date they move out. The Landlords' L2 application alleging substantial interference was dismissed.