Chen v Gaiduk
Landlord wins · Markham · 2024-05-06
- Adjudicator
- Dawn Carr
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Denial of Entry (N5)
- Amount
- >$20K
- Landlord
- J.C.
- Tenant
- Y.G., A.V.
- Landlord rep
- Qiuling Yang
- Tenant rep
- Anna Vinberg, Christina Nastas
What happened
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for substantially interfering with the Landlord's lawful right to enter the rental unit. The Landlord served valid N4 and N5 notices, which the Tenants did not void. The Tenants had accumulated significant rent arrears exceeding the Board's monetary jurisdiction.
The ruling
The Landlord's L1 application for non-payment of rent is granted. The tenancy is terminated unless the Tenant pays $46,986 by May 17, 2024 to void the order. If the Tenant does not void the order, they must pay $35,186 and vacate the unit by May 17, 2024. The Landlord's L2 application for substantial interference is granted, but the Tenant is granted relief from eviction subject to conditions.