Housing York Inc v Kikhtenko

Landlord wins · Thornhill · 2023-04-12

Adjudicator

Heather Kenny

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Housing York Inc

Tenant

K.K.

Landlord rep

S Ellis

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 Tenant was still in possession of the rental unit on the hearing date.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays $50.00 per month towards the arrears from May 2023 to June 2024, and pays the remaining $32.00 balance by July 1, 2024. The Tenant must also pay new rent on time and in full during this period. If the Tenant fails to make any of the required payments, the Landlord may apply to terminate the tenancy and evict the Tenant, and the full balance owing will become payable immediately.