IMH POOL XV LP v Diaz

Landlord wins · Scarborough · 2022-12-06

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

IMH POOL XV LP

Tenant

Y.D., F.D.

Landlord rep

Emma Bennet

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlord served a valid N4 Notice, which Tenants did not void by paying arrears. Tenants claimed financial difficulties due to caring for seven dogs but continued to work full-time. Tenants attempted to raise maintenance issues under section 82, but were not permitted due to lack of proper notice.

The ruling

The tenancy is terminated unless Tenants void the order by paying $30,862.00 by December 17, 2022. If not voided, Tenants must vacate by December 17, 2022, and pay $18,066.59 plus $84.00 per day from September 1, 2022, until move-out. Tenants' attempt to raise maintenance issues was denied due to lack of proper notice.