Samra v Dadashyan

Landlord wins · Toronto · 2021-09-15

Adjudicator

Elle Venhola

Dispute

Non-payment of Rent, Substantial Interference

Notice

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

Amount

>$20K

Landlord

R.S.S.

Tenant

I.D.

Landlord rep

Arshad Khan

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Landlord served a valid N4 Notice for non-payment of rent and an N5 Notice for substantial interference, but the N5 Notice was found to be voidable as the Landlord did not provide sufficient evidence of the Tenant's conduct during the voiding period.

The ruling

The Landlord's L1 application for non-payment of rent was granted. The tenancy is terminated effective September 26, 2021, and the Tenant must vacate the unit by that date. The Tenant is ordered to pay the Landlord $32,732.67 in rent arrears and other costs, plus $66.58 per day in compensation starting September 16, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by September 26, 2021, the Landlord may file the order with the Sheriff for enforcement.