Evictly

AMSTAR POOL I LP v Budhram

Landlord wins · Etobicoke · 2023-07-31

Adjudicator
Julia Toso
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
AMSTAR POOL I LP
Tenant
S.B., B.B.
Landlord rep
Pylicia Thomas

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, but the Tenant did not void the notice by paying the arrears. The Tenant was not present at the hearing, but the Tenant's daughter, Sanya Budhram, attended and stated that she was the actual tenant responsible for rent payments, not the named Tenant Baichan Budhram.

The ruling

The N4 Notice is invalid as it did not name the actual tenant, Sanya Budhram. The Tenant, Sanya Budhram, is ordered to pay the Landlord $9,801.21, which includes rent arrears up to the date of the order and the application filing fee. If the full amount is not paid by August 11, 2023, the Tenant will start owing interest at 6% annually on the outstanding balance.