THE DONWAY EAST LIMITED v Ndembe

Landlord wins · North York · 2022-09-12

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

THE DONWAY EAST LIMITED

Tenant

P.J.N., C.N.

Landlord rep

Howard Levenson

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants agreed to vacate the rental unit by September 30, 2022, and the Landlord consented to the tenancy continuing until that date on the condition that the order would be non-voidable.

The ruling

The tenancy is terminated effective September 30, 2022. Tenants are ordered to pay $3,239.64 to the Landlord, which includes rent arrears and application filing fee, minus the rent deposit and interest. Tenants must also pay $37.00 daily compensation from August 30, 2022, until they vacate. If the unit is not vacated by September 30, 2022, the Landlord may file for eviction enforcement starting October 1, 2022.