Hajek v Holly

Landlord wins · Sudbury · 2023-01-25

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent, Substantial Interference, Damages

Notice

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

Amount

$10-20K

Landlord

J.H.

Tenant

L.H., B.W.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent, substantial interference, and damages. The application was filed after serving valid Notices to End Tenancy Early for Non-payment of Rent (N4 Notice) and Termination for Interfering with Reasonable Enjoyment (N5 Notice), which the tenants did not void by paying the arrears.

The ruling

The L2 application is dismissed. The tenancy is terminated unless the Tenants pay $10,540.10 by January 31, 2023 or $11,421.80 by February 5, 2023 to void the order. If the Tenants do not pay, they must move out by February 5, 2023 and pay $10,006.28 plus daily compensation of $28.99 from January 13, 2023 until move-out.