Tian v Smith

Landlord wins · Scarborough · 2023-08-11

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Y.H.T., Y.C.

Tenant

M.S.S.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $11,758 by August 22, 2023 to void the order. If the Tenant does not void the order, they must pay $4,485.32 to the Landlords and vacate the unit by August 22, 2023. The Tenant will also owe daily compensation of $76.01 from July 5, 2023 until they move out.