Saparova and Herashchenko v Mangal

Landlord wins · Toronto · 2021-07-23

Adjudicator

Jitewa Edu

Dispute

Persistent Late Payment, Substantial Interference

Notice

Persistent late payment (N8), Substantial interference (N5)

Amount

<$5K

Landlord

K.S., R.H.

Tenant

J.M.

Landlord rep

E. Vasilieva

What happened

Landlords applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent and substantial interference with the Landlords' reasonable enjoyment or lawful right, privilege or interest. The Tenant was served with valid N8 and N5 notices but failed to void the N5 notice within the 7-day period.

The ruling

The Landlords' application for eviction is denied on the condition that the Tenant pays the full monthly rent on or before the first of each month from August 2021 to July 2022, and allows the Landlords entry into the rental unit with 24 hours' notice. If the Tenant fails to comply, the Landlords may apply to terminate the tenancy and evict the Tenant. The Tenant must also pay the $186 application fee.