Monteiro v Martin

Landlord wins · Etobicoke · 2021-08-11

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.M.

Tenant

S.M., N.S.

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 had vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The Tenant is ordered to pay the Landlord $1,266.91, which represents the rent arrears and costs outstanding, minus the $1,119.09 awarded to the Tenant for the appliance issues. The Landlord's application for eviction is denied on the condition that the Tenant makes the required payments by the due dates. The Landlord is ordered to repair or replace the dryer and dishwasher by August 31, 2021.