Gorbay Asset Management Inc v Hollingshead
Landlord wins · Mississauga · 2021-07-30
- Adjudicator
- Camille Tancioco
- Dispute
- Non-payment of Rent, Persistent Late Payment
- Notice
- Non-payment of rent (N4), Persistent late payment (N8)
- Amount
- $10-20K
- Landlord
- Gorbay Asset Management Inc
- Tenant
- J.H., R.F.
- Landlord rep
- G. Cardy
- Tenant rep
- Jeff Hollingshead
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenants did not void the notices by paying the arrears. One Tenant, Jeff Hollingshead, attended the hearing and disputed the amount owing, arguing he should only be responsible for half the arrears since his co-Tenant, Rod Ferguson, had not paid his share. The Landlord argued this was a joint tenancy and both Tenants were jointly and severally liable.
The ruling
The tenancy is terminated effective September 30, 2021. The Tenants must pay the Landlord $10,516.13, which includes rent arrears, compensation, and application costs, less the rent deposit and interest. If the Tenants do not pay the full amount by September 30, 2021, the Landlord may file the order with the Sheriff for enforcement. The Tenants can void the eviction order by paying $11,990.70 by August 31, 2021 or $13,261.65 by September 30, 2021.