ABOTALEBI v RICCI

Landlord wins · Keswick · 2025-03-31

Adjudicator

Joy Xiao

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

H.A.

Tenant

V.R.

Landlord rep

Aryan Wassavoli

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Landlord served a valid N4 notice, but the application was filed before the N5 notice was deemed served, so the termination request was dismissed. The Landlord was granted an order for unpaid utility costs.

The ruling

The Landlord's application to terminate the tenancy was dismissed as it was filed prematurely. However, the Landlord was granted an order for $1,634.93 in unpaid water costs. The Tenant was given until April 30, 2025 to void the eviction order by paying $15,886 in rent arrears and costs. If the Tenant does not pay, the tenancy will be terminated and the Tenant must vacate by April 30, 2025.