Pergos Developments v Dar

Landlord wins · York · 2023-02-22

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Pergos Developments

Tenant

J.D., R.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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $17,786 by February 28, 2023 or $19,686 by March 5, 2023 to void the order. If the tenancy is terminated, the Tenants must pay $14,812.01 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.