Tsombanakis v Banfield

Landlord wins · Toronto · 2022-11-10

Adjudicator

Susan Priest

Dispute

Willful Damage, Non-payment of Rent, Substantial Interference, Serious Impairment of Safety

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

C.T., E.T.

Tenant

D.B., K.M., T.B.

Landlord rep

Mary Tsombanakis

What happened

Landlords applied for eviction due to non-payment of rent, substantial interference with reasonable enjoyment, serious impairment of safety, and willful damage to the premises. Tenants owed significant rent arrears and had built an unauthorized structure in the rental unit, causing damage and safety concerns.

The ruling

The tenancy is terminated effective November 21, 2022, due to non-payment of rent and the Tenants' conduct. Tenants must pay $23,070.23 to the Landlords, plus $67.40 per day from October 25, 2022, until they vacate. The Tenants can void the eviction order by paying the full amount owing by November 21, 2022. If not paid, the Landlords can file for eviction enforcement starting November 22, 2022.