Enterprise Reit Operating LP v Higgins

Landlord wins · Scarborough · 2024-10-31

Adjudicator

Mark Melchers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Enterprise Reit Operating LP

Tenant

M.H.

Landlord rep

Joanne Mackenzie, Janet Neggers, David Ciobotaru, Tracey Shaw, Bryan Rubin

Tenant rep

Lavern Silvera

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent was granted. However, the eviction was postponed until January 31, 2025 to allow the Tenant time to find alternative accommodation. The Tenant can void the order by paying the outstanding rent arrears by certain deadlines.