Gardonyi v Smith

Split/Other wins · Oshawa · 2024-11-22

Adjudicator

Benjamin Seigel

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$5-10K

Landlord

T.G.

Tenant

B.S., G.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for substantially interfering with the reasonable enjoyment of the residential complex. The application was filed after serving valid N4 and N5 Notices, which the tenants did not void by paying the arrears or stopping the interfering behavior.

The ruling

The tenancy is terminated unless the Tenant pays $8,296 by November 30, 2024 or $9,918 by December 3, 2024 to void the eviction order. If the Tenant does not pay, they must vacate by December 3, 2024. The Tenant is also ordered to stop smoking in the rental unit or face further eviction.