Di Bartolomeo v Ryan

Landlord wins · YORK · 2025-03-24

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

A.D.B., J.T.F.

Tenant

L.R.

Landlord rep

Loren Lux

What happened

The Landlords applied to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant challenged the validity of the N4 notice, citing a clerical error regarding the rental period and disputing the date of service. The Board found the notice to be in substantial compliance despite the error and accepted the Landlord's evidence on the service date. The Tenant requested and was granted relief from eviction, with the termination date postponed to allow her time to secure new housing due to personal hardships.

The ruling

The tenancy is terminated unless the Tenant pays the outstanding arrears. The Tenant can void the order by paying $22,686.00 by March 31, 2025, or $27,186.00 by April 30, 2025. If the Tenant fails to pay and does not move out by April 30, 2025, the Landlords can file for eviction. If the tenancy is terminated, the Tenant must pay the Landlords $12,914.04, plus daily compensation of $147.95 from February 27, 2025, until she vacates.