Growth fund v Lewis

Landlord wins · North York · 2022-10-27

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

B.A.L.

Landlord rep

S. Beard

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not attend the hearing. The Landlord served a valid N4 Notice, which the Tenant did not void. The Tenant has made significant payments towards arrears since the application was filed, showing a genuine interest in preserving the five-year tenancy.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying the specified amounts by October 31 or November 30, 2022. If not voided, the Tenant must move out by November 30, 2022. The Landlord owes the Tenant $523.19 but is authorized to deduct $53.62 per day for compensation from August 17, 2022, until the Tenant moves out.