Seabrook v Varlow

Split/Other wins · Sault Ste Marie · 2021-09-21

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.S., Pine Allard Properties

Tenant

B.V., T.D.

Tenant rep

Tenant Duty Counsel

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving valid N4 Notices, which the Tenants did not void by paying the arrears. The Tenants had not paid the full rent owed from July 2020 to July 2021.

The ruling

The Tenants' request to review the initial order is granted. The Landlords' application for eviction is denied on the condition that the Tenants pay $4,227 in arrears over a 5-month period, while also paying the ongoing monthly rent. If the Tenants fail to make the required payments, the Landlords may apply for an order terminating the tenancy and evicting the Tenants.