Vito v Coles

Landlord wins · Toronto · 2021-05-19

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.V.

Tenant

T.C.

Landlord rep

Jimmy Gangadin

What happened

Landlord 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 had vacated the rental unit on January 1, 2021, prior to the hearing date.

The ruling

The tenancy was terminated effective January 1, 2021, the date the tenant vacated the rental unit. The Board does not have jurisdiction to order the tenant to pay the outstanding amount for taxes and utilities, as they are not considered 'rent' under the Residential Tenancies Act, 2006.