Menon v Ali

Landlord wins · Pickering · 2021-05-12

Adjudicator

Khalid Akram

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4), Damage to Rental Unit (N5)

Amount

$10-20K

Landlord

K.M., L.A.

Tenant

M.A.

Landlord rep

P. Narayan

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent and damage to the rental unit. The Tenant had not paid rent from August 2020 to April 2021, and the Landlords served a valid N4 notice. The Landlords also alleged the Tenant or someone visiting/living with the Tenant wilfully or negligently damaged the rental unit and served an N5 notice.

The ruling

The Landlord's L1 application for non-payment of rent was granted, with the Tenant ordered to pay $19,015 in arrears and costs. The Landlord's L2 application for damage to the rental unit was dismissed, as the Landlord failed to prove the damage was caused by the Tenant's wilful or negligent conduct. The Tenant was granted relief from eviction subject to making a large lump sum payment and adhering to a repayment plan for the remaining arrears.