Evictly

Hu v Kadareja

Landlord wins · Scarborough · 2021-03-31

Adjudicator
Troy Rossignol
Dispute
Non-payment of Rent, Substantial Interference
Notice
Non-payment of rent (N4), Persistent late payment (N8)
Amount
$10-20K
Landlord
X.H.H.
Tenant
O.K., S.G.
Landlord rep
Barrington Lue Sang

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and substantial interference with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice) and a Notice to End Tenancy Early for Persistent Late Payment of Rent (N8 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on October 26, 2020, prior to the hearing date.

The ruling

The tenancy was terminated effective October 26, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $19,780.52 to the landlord, which includes rent arrears up to the move-out date, compensation for the period the tenants remained in the unit after the termination date, and the cost of filing the application, less the rent deposit and interest owed on the deposit.