Macijauskas v Green

Landlord wins · Toronto · 2021-03-16

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial Interference (N5)

Amount

$10-20K

Landlord

E.M., A.S.M.

Tenant

C.J.G.

Landlord rep

David Ciobotaru

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent and substantial interference with the landlord's lawful rights. The Tenant was alleged to have listed the rental unit on Airbnb and failed to pay utilities, which the Landlords claim substantially interfered with their rights.

The ruling

The tenancy is terminated effective March 27, 2021 unless the Tenant pays $15,321 to void the eviction order. The Tenant is ordered to pay $8,270.80 in rent arrears, NSF charges, and filing fees, less the rent deposit and interest. The Tenant is also ordered to pay $72.33 per day in compensation starting March 17, 2021 until the unit is vacated. If the Tenant fails to pay the full amount by March 27, 2021, the Landlords may file the order with the Sheriff to enforce the eviction.