Embee Properties Limited v Abdukhakimov

Landlord wins · North York · 2024-03-01

Adjudicator

Jessica Lapkowski

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Embee Properties Limited

Tenant

D.A., A.P.

Landlord rep

Nicole Ruby

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $6,215 on or before March 12, 2024, the tenancy will be terminated. If the tenancy is terminated, the Tenants must pay the Landlord $1,734.38, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay daily compensation of $59.74 for each day of occupation starting February 16, 2024 until they move out.