Chan v Brown

Landlord wins · Markham · 2023-04-04

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

C.H.C.

Tenant

M.J.B., M.M.B.

Landlord rep

Robertson Boyle

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord obtained an ex parte order on January 12, 2023 terminating the tenancy effective February 1, 2023. However, the Tenants were still in possession of the rental unit as of the hearing date. The Landlord served a valid N4 notice and the Tenants did not void the notice by paying the arrears.

The ruling

The tenancy is terminated unless the Tenants pay $69,686 to void the order by April 5, 2023. If the Tenants do not void the order, they must pay the Landlord $35,000 and vacate the unit by April 5, 2023. The Landlord is also entitled to daily compensation for the Tenants' continued occupation after February 1, 2023.