Lee v Cordeiro
Landlord wins · Mississauga · 2024-11-12
- Adjudicator
- Alicia Johnson
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4), Persistent late payment (N5)
- Amount
- $10-20K
- Landlord
- C.M.A.L., W.Y.D.W.
- Tenant
- D.C.
- Landlord rep
- Pui Sze (Cynthia) Cheung
- Tenant rep
- Binaya Nepal
What happened
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the rental unit. The Landlords also sought an order for the Tenant to pay the Landlords' reasonable out-of-pocket expenses related to unpaid utility costs.
The ruling
The Landlord served the Tenant with a valid N4 notice for non-payment of rent. The Tenant did not void the notice by paying the arrears. The Tenant owed $10,992.50 in rent arrears as of the hearing date. The Tenant submitted he was off work due to illness and offered a lump sum payment of $15,000 and monthly payments of $1,000 to clear the arrears. The Landlord sought a standard eviction order. The Tenant also owed $616.03 in unpaid utilities. The Tribunal granted conditional relief from eviction, requiring the Tenant to pay the arrears and utilities in installments over 10 months, and to pay rent and utilities on time going forward. If the Tenant fails to comply with the conditions, the Landlord may apply to terminate the tenancy.