KPM v Wareham

Split/Other wins · Toronto · 2020-09-23

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

K.

Tenant

M.W., W.W.

Landlord rep

Geoff Paine

Tenant rep

Matthew Wareham

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants are in possession of the rental unit and the monthly rent is $1,094.61. The Landlord is holding a last month's rent deposit. The Tenants have paid $6,700 since the application was filed. The parties agree that the amount outstanding to September 30, 2020, inclusive of rent arrears ($5,015.78), and costs ($175), is $5,190.78.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants make the agreed upon payments to the Landlord by the specified dates. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges not already ordered.