Dac huu Banh v Usman Malik

Landlord wins · Brampton · 2023-05-26

Adjudicator

Mark Melchers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

D.H.B., N.D.B.

Tenant

A.M., F.M., H.M.M., I.M., U.M., Z.M.

Landlord rep

Hai-Yee Banh, Steven Banh

Tenant rep

Haroon Mohammad Malik

What happened

The landlords applied for an order to terminate the tenancy and evict the tenants due to non-payment of rent. The landlords also claimed charges related to NSF cheques.

The ruling

The N4 notice is invalid due to the unlawful rent increase. The tenants are ordered to pay the landlords $21,043, which includes the rent arrears, NSF cheque fees, and the landlords' application filing costs. If the full amount is not paid by June 6, 2023, the tenants will owe interest at 6% annually on the outstanding balance.