Evictly

Patel v Fotinov

Split/Other wins · Kemptville · 2024-02-28

Adjudicator
Sheena Brar
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
T.P., A.P.
Tenant
V.F.
Landlord rep
D. Loomba

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The Landlord's application is granted in part. The Tenant is ordered to pay $28,409.60 in rent arrears to the Landlord. However, the tenancy is not terminated, and the Tenant is not evicted. If the Tenant does not pay the full amount by March 30, 2024, the Tenant will start owing interest at 7% annually on the outstanding balance.