Martins v Tavares

Landlord wins · Toronto · 2022-12-22

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

B.A.M.

Tenant

M.C.M.G., I.J.A.T.

Landlord rep

R. Mahavalijaran

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $25,786 by December 31, 2022 or $27,386 by January 6, 2023 to void the order. If the Tenants do not make the required payment, they must vacate the unit by January 6, 2023 and pay the Landlord $19,754.20 plus daily compensation of $52.60 from September 8, 2022 until move-out.