Khan v Nemeth

Landlord wins · Scarborough · 2024-08-29

Adjudicator

Dawn Carr

Dispute

Damage to Property, Non-payment of Rent, Overcrowding, Substantial Interference

Notice

Non-payment of rent (N4), Substantial interference, Wilful or Negligent Damage, and Overcrowding (N5)

Amount

>$20K

Landlord

M.S.K., L.S.

Tenant

A.N., G.H.

Landlord rep

Shahid Mirza

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the reasonable enjoyment of the rental unit and residential complex. The Landlords served valid N4 and N5 notices, but the Tenants did not void the notices. The Tenants were not present at the hearing.

The ruling

The tenancy is terminated unless the Tenants void the order by paying $44,986 by August 31, 2024 or $47,786 by September 9, 2024. If the Tenants do not void the order, they must vacate by September 9, 2024 and pay $32,368.47 in rent arrears and compensation. The Tenants must also comply with conditions related to removing garbage and paying repair costs by September 9, 2024 to maintain the tenancy.