Khan v Dyrmose, Kelly

Landlord wins · Oshawa · 2021-08-25

Adjudicator

Anthony Bruno

Dispute

Maintenance, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.K.

Tenant

R.D., W.K.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Tenants raised maintenance issues as a defense.

The ruling

The tenancy is terminated effective September 5, 2021. The Tenants must pay the Landlord $5,007.04, which includes rent arrears up to August 25, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit, and less the amount of the rent abatement. The Tenants must also pay the Landlord $42.74 per day for compensation for use of the unit starting August 26, 2021 until they move out. If the Tenants pay the full amount owing by September 30, 2021, they can void the eviction order and continue the tenancy.