Katas Inc v Faubert
Landlord wins · Windsor · 2021-04-29
- Adjudicator
- Camille Tancioco
- Dispute
- Non-payment of Rent, Persistent Late Payment
- Notice
- Non-payment of rent (N4), Persistent late payment (N8)
- Amount
- >$20K
- Landlord
- Katas Inc
- Tenant
- D.F.
- Landlord rep
- Richard Lammers
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served a valid N4 notice and N8 notice, but the Tenant claimed she withheld rent due to maintenance issues in the unit.
The ruling
The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlord $21,660.28 plus $28.27 per day starting April 30, 2021 until the Tenant vacates. If the Tenant pays the full amount of $20,830 by April 30, 2021 or $21,690 by May 31, 2021, the Tenant can void the eviction order and continue the tenancy. The Landlord's application to evict the Tenant for persistent late payment is denied on the condition that the Tenant pays rent on time for the next 12 months.