Concert Realty Services LTD on Behalf of Dunbloor Developments Inc v Dagar

Tenant wins · Etobicoke · 2025-08-19

Adjudicator

Alicia Johnson

Dispute

Non-payment of Rent, Tenant-initiated Termination

Notice

Non-payment of rent (N4), Tenant's Notice to End the Tenancy (N9)

Amount

<$5K

Landlord

Concert Realty Services LTD on Behalf of Dunbloor Developments Inc

Tenant

A.D., R.B., S.G., A.M.

Landlord rep

Christina Moreno

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to rent arrears. During the proceedings, it was revealed that the Tenants had paid a significant sum ($9,117.00) after the application was filed, resulting in an overpayment. Additionally, the Tenants had already served an N9 notice to vacate the unit by September 30, 2025. The adjudicator considered the voluntary move-out date and the financial surplus in the final ruling.

The ruling

The tenancy is terminated effective September 30, 2025. The Tenants are ordered to vacate the unit by this date. Because the Tenants overpaid the Landlord by $9,117.00 after the application was filed, and taking into account the filing fee, deposit, and interest, the Landlord actually owes the Tenants a refund of $3,780.61. The Tenants must pay daily compensation for any days they remain in the unit after August 6 until they move out.