Malik v Safarian

Landlord wins · Innisfil · 2025-07-07

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

S.M., Z.A.

Tenant

R.S., P.S.

Tenant rep

E. Sabbah

What happened

The Landlords applied for eviction and rent arrears. The Tenants argued that a previously filed consumer proposal stayed the proceedings. The Board determined that while arrears prior to the consumer proposal were stayed, those accruing after the filing (starting from the next rental period) were actionable. Although the Tenants claimed to have moved out, they failed to return keys or notify the Landlords, thus legal possession remained with them at the hearing date.

The ruling

The tenancy is terminated effective July 18, 2025. The Tenants are ordered to pay $23,306.27 for arrears and filing fees. To void the eviction and continue the tenancy, the Tenants must pay $28,619.52 by July 18, 2025. Daily compensation of $157.81 applies from June 24, 2025, until the Tenants vacate.